Court No. - 11 Case :- CRIMINAL APPEAL No. - 1962 of 2008 Appellant :- Shiv Narayan And 3 Ors. Respondent :- State of U.P. Counsel for Appellant :- Amitabh Tripathi Counsel for Respondent :- Govt. Advocate Hon'ble Rajnish Kumar,J. 1. Heard Shri Amitabh Tripathi, learned counsel for the appellants and learned A.G.A. 2. In deference to the order dated 13.02.2025, the Chief Judicial Magistrate Raebareli has sent a report dated 05.03.2025 that the appellant no. 4-Ram Kumar son of Rambali has died on 06.10.2010. The report has been sent after recording statements in accordance with law and annexing the death certificate issued by the government. 3. In view of above, this appeal stands abated on behalf of the appellant no. 4. 4. Learned counsel for the appellants, without challenging the order on merit, submits that it was the sole case against the appellant nos. 1, 2 and 3. The appellant nos. 1 and 2 have suffered incarceration for about 15 days and the appellant no. 3 for about 23 days during trial and the case was converted from Section 308/34/506 I.P.C. to Section 323 read with Section 34 as no grievous injury was found. He further submits that in view of the period of incarceration of the appellants nos. 1, 2 and 3 and that it was a cross case, in which both the sides had suffered injuries, the lesser punishment may be awarded or fine may be enhanced, which has been awarded. He further submits that the appellant nos. 1 and 2 are more than 55 years of age and the appellant no. 3 is about 71 years of age. They had no criminal antecedents and there is no case after the incident in question, which was also a cross case and the injuries were received by both the sides. 5. Learned A.G.A, opposing the submissions of learned counsel for the appellant, submits that the impugned judgment and order has rightly been passed in accordance with law. However, he could not dispute that it was a cross case, in which both the sides had suffered injuries and the appellants had no criminal antecedents as per the impugned judgment itself. 6. Having considered the submissions of learned counsel for the parties and gone through the records and the allegations, evidence adduced before the trial court and the findings recorded by the trial court and submission of learned counsel for the appellants, the conviction is upheld. However, considering that there were cross cases, in which both the sides had suffered injuries and there were no grievous injury and there is no criminal antecedents of the appellant nos. 1, 2 and 3 and their present age, the punishment is modified to the extent of imprisonment to the period of incarceration suffered by them and the fine is enhanced from Rs. 500/- each to Rs. 2500/- each, which shall be deposited after adjusting fine already deposited, if any, by the appellant nos. 1, 2 and 3 within a period of one month from today, failing which they will have to undergo the punishments awarded by the impugned judgement and order. 7. With the aforesaid, the appeal is partly allowed. Order Date :- 3.4.2025/Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench