CRIMINAL APPEAL No. 2455 of 2004 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2455 of 2004 Dinesh And 3 Ors. .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : D.P.Singh, Rajendra Singh Kushwaha Counsel for Respondent(s) : Govt.Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Rajendra Singh Kushwaha learned Counsel for the accused- appellants and Learned A.G.A. for respondent-State. Appeal has already been abated with regard to appellant number 4 vide order dated 28th October 2025. 2. The instant Criminal Appeal under Section 374(2) CrPC has been filed against judgment and order dated 9th November, 2004 passed by Additional Sessions Judge/Fast Track Court No.3, Hardoi in Sessions Trial No. 572 of 1998 State v. Dinesh and others, arising out of Case Crime No. 98 of 1997 under Section 302/34, 323/34 and 504 I.P.C., Police Station Arwal, District Hardoi convicting and sentencing the appellant as under:- (i) under Section 304/34 I.P.C. to five years simple imprisonment and a fine of Rs.1,000/- and in default of fine, six month's additional imprisonment (ii) under Section 323/34 I.P.C. fine of Rs.500/- and in default of fine, three months' additiona