(1.) This criminal appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referrt d as Cr.P.C. is directed against the judgment and order dated 24/25.4.1995 passed by the Sessions Judge, Chamoli at Gopeshwar in Sessions Trial No. 21/1992, State v. Balbir Singh & .Ors. and S.T. No. 3/1993; State v. Hemant Kumar Singh, thereby convicting the appellants/accused Balbir Singh, Smt. Gangotri Devi and Hemant Kumar Singh for the offence pun ishable under Section 304B read with Sec tion 120B of the Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentencing each of them for ten years rigor ous imprisonment. However, the appellants/ accused were acquitted for the offence pun ishable under Sections 498A and 201, IPC. Co-accused Bharat Singh, Shivraj Singh, Kamal Singh, Kunwar Singh, Dilbar Singh, Anand Singh, Basant Lai and Gopal Singh were acquitted for the offences punishable under Sections 201 and 120B, IPC.
(2.) Vide report dated 18.6.2004, CJM, Rudraprayag informed that the appellant-accused Hemant Kumar Singh has died. Hence, the appeal filed by the appellant No. 3 Hemant Kumar Singh stands abated.
(3.) I have heard learned counsel for the parties and perused the entire material available on record.