JUDGMENT :

RENU AGARWAL, J.

1. Heard Sri Sumit Kumar Srivastava, learned counsel for the applicants, Sri Ajay Kumar Srivastava, learned AGA for the State and perused the material available on record.

2. Present appeal has been preferred by the appellants against the judgment and order dated 01.08.2000, passed by Vth Additional Sessions Judge, Pratapgarh, in Session Trial No. 57 of 1997, whereby the appellants have been convicted under section 307 IPC read with section 34 IPC and all the appellants except appellant Mausim Ali, have been sentenced to under go rigorous imprisonment of 7 years and payment of the fine of Rs. 2,000/- each and further to under go imprisonment of 3 years in default of payment of fine and the appellant Mausim Ali is convicted under section 307 IPC read with section 37 IPC and sentenced to pay the fine of Rs. 2,000/- and in default of payment of fine to undergo further imprisonment for a period of 3 months. During the pendency of appeal the appellants Hashim Ali son of Mausim Ali and Maushim Ali (appellant nos.2 and 4) have died and appeal was abated on their behalf vide order dated 26.08.2022. Appellants Mohd. Idris and Phullan son of Mausim Ali were released