payment of fine on the accused persons for the offence punishable under Section 302 read with Section 34 of IPC, this Court, in Criminal Appeal No.1389/2019 decided the matter on merits and held that the accused persons have made out a case to modify the impugned judgment of conviction and order of sentence and convicted the accused persons for the offence punishable under Section 304 Part-I IPC and sentenced to undergo imprisonment for ten years and to pay a fine of Rs.75,000/- each and in default, they shall undergo simple imprisonment for a period of three years, giving benefit under the provisions of Section 428 of Cr.P.C. Therefore, the present appeal challenging only the inadequate sentence for default of payment of fine on the accused persons for the offence punishable under Section 302 read with Section 34 of IPC, would not survive for consideration. Accordingly, the appeal filed by the State is hereby disposed as devoid of merits as this Court already convicted the accused persons for the offence punishable under Section 304 Part-I IPC and sentenced them to undergo imprisonment for ten years and to pay a fine of Rs.75,000/- each and in default, they shall undergo simple
