KUNDANLAL Vs. STATE

JUDGEMENT

(1.) The appellant is aggrieved by the judgment of the learned Additional Sessions Judge, Delhi dated 20.5.1997, by which the appellants were convicted under Section 304 (part-I), Indian Penal Code read with Section 34 Indian Penal Code and were sentenced to rigourous imprisonment for three years. Appellant No.2, Bhim Sain was further sentenced to R.I. for three years under Section 304 (part 1) Indian Penal Code for causing the death of Lachman. The sentences of appellant No.2 were to run concurrently.

(2.) During the pendency of this appeal before this court an application under Section 482 Code of Criminal Procedure was filed by the learned counsel for the appellant Shri J.P.Gupta, in which it was mentioned that Kundan Lal expired on 10.3.1993. The application was supported with a death certificate issued by the Union Territory of Delhi. In view of this death certificate, the appeal against appellant No.1 Kundan Lal had already abated.

(3.) The brief facts, which are necessary to dispose of this appeal are recapitulated as under:- In the night intervening 22/23-5-72 a report at serial No.12 in the roznamcha register maintained at Police Post Azadpur was recorded. Pyare Lal S/o. Durga Dass had given information to the police and according to him, Ghanshyam had teased the wife of his son. It is further stated that when he was coming to the police post for making the report about this incident at 2.00 p.m. then Munshi Lal came and stopped him and assured that Ghanshyam will not indulge in any such act in future and their differences were sorted out for some time.