RAMSHANKAR Vs. STATE OF C.G.

JUDGEMENT

(1.) With reference to the appellant No. 1, Ramashankar Singh, this appeal has been abated vide order dated 27/11/2009.

(2.) This appeal arises out of the impugned judgment of conviction and order of sentence dated 27/04/2001 passed by learned Additional Sessions Judge, Korba, District Korba in Sessions Trial No. 8/1994 whereby and whereunder, learned Additional Sessions Judge convicted the appellants under Sec. 306 of the IPC and sentenced them to undergo R.I. for 7 years and pay fine of Rs. 5,000.00 each, plus default stipulation.

(3.) Brief facts of the case are that deceased Ravindra Singh and appellant No.2/Sanjay Singh were admitted in the Chhattisgarh Institute of Engineering with the help of appellant No.1/ Ramashanker Singh. One day, Appellant No.-1/Ramashanker Singh gave Rs. 500.00 to deceased Ravindra Singh to hand over the same to Appellant No.- 2/Sanjay Singh. As the same was not fully delivered, Respondent No.2/Sanjay Singh could not deposit the examination fee, as a result of which, he did not appear in the examination. Based on that a quarrel arose between the deceased and Sanjay Singh. As his one year of engineering was spoiled, he claimed of Rs. 8,000.00 from the deceased. Thereafter, the appellants started harassing the deceased and committed mar-peet in the name of claimed money, due to which, after being harassed, deceased Ravindra Singh consumed poisonous substance. He was admitted to the hospital but during the treatment, he died. After completion of investigation charge-sheet was filed and charge was framed under Sec. 306 of the IPC against the appellants.