Saeed-Uz-Zaman Siddiqi, J.;—

1. Accused appellants Amirul Hasan, Ahmad Hasan and Gaus Mohammad have preferred this appeal against the judgment and order dated 12.09.2003 passed by VIIIth Additional Sessions Judge, Faizabad in Sessions Trial No.676 of 1998, by which each of the appellants were convicted for the offence punishable under Section 324 IPC and sentenced to undergo two years rigorous imprisonment and a fine of Rs.1,000/- each; for the offence punishable under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months and Rs.500/- each as fine.

2. During the course of appeal, appellant no.1, Amirul Hasan died and report to this effect has been received. The Chief Judicial Magistrate, Faizabad has reported that the accused appellant, Amirul Hasan had died on 9.8.2006.

3. Brief facts of the case are that, one Sadullah lodged FIR on 21.11.1995 at 7.00AM to the effect that he along with his father Ibadullah, brother Shamsuddin son Abdul Kadir were ploughing their agricultural plot no.626 which was purchased through sale deed dated 8.9.1995. Accused Amirul Hasan armed with knife, accused Gaus Mohammad and Ahmad Hasan aremed with lathi and hockey reached there, a

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