1. This criminal appeal arises out of the judgment and order dated 30-4-1981 passed by VIth Additional Sessions Judge, Mainpuri in Sessions Trial No. 512 of 1980 whereby the appellants were convicted and sentenced to undergo rigorous imprisonment for a period of three years under S.304/149, IPC and for a further period of imprisonment of six months under S.323/149 read with S.147, . Both the sentences were ordered to run concurrently.

2. As the appellant Prayag Singh has died, the appeal filed by him has already abated by order of this Court dated 28-1-2004. Apart from Prayag Singh and the other four appellants namely, Prithvi Singh, Parmal, Nawab Singh and Ramveer Singh, one other person namely, Shanker had been made an accused in the FIR. As he had died during the pendency of the trial his case has abated by orders of the trial Court.

3. I have heard Shri S. P. Tewari, learned counsel for th