JUDGMENT :

Ajit Singh, J.

1. Learned Counsel for the appellants has very fairly stated that appellant No. 2, Amar Singh has already served the sentence and in view of the above, the appeal against the appellant No. 2, Amar Singh has become infructuous.

2. Having regard to the submission made by the learned Counsel for the appellant, the appeal against appellant No. 2, Amar Singh is dismissed as infructuous.

3. This criminal appeal has been filed against the judgment and order dated 13.3.2018 passed by Addl. Sessions Judge, Court No. 1, Budaun in S.T. No. 472 of 2014 (State v. Munendra and others), under sections 307 and 504 I.P.C., P.S. Bisauli, District Budaun, whereby learned Judge convicted and sentenced the appellant to five years rigorous imprisonment with fine of Rs. 2,000/- and in default of payment of fine further additional imprisonment for three months, one year rigorous imprisonment under section 504 I.P.C. with a fine of Rs. 1,000/- and in default of payment of fine, further additional imprisonment for one month.

4. Both the sentences shall run concurrently.

The prosecution story in brief is that on 14.6.2014 the complainant along with his other family members had returned ba