DEVI DUTT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal arises out against the judgment and order dated 21-7-1984 passed by Additional Sessions Judge (Special Judge), Nainital in S. T. No. 180 of 1981 whereby the learned Additional Sessions Judge convicted and sentenced the appellants to pay a fine of Rs. 1000/- under Section 323/34, IPC and in default of payment of fine each of the appellants to undergo R. I. for a period of three months. Appellant Shanti Ballabh was convicted and sentenced under Section 304, Part 1, IPC to undergo R.I. for a period of 3 years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo six month R.I.

(2.) At the time of hearing of argument of the learned counsel for the parties, the learned counsel for the appellants submitted that appellant-Hari Nandan (in Appeal No. 743 of 2001) has died during the pendency of appeal. In this regard, a report was called for from the chief Judicial Magistrate, Udham Singh Nagar, who sent his report dated 4-6 2002 about the death of the abovenamed appellant. It reveals from the said report that the appellant-Hari Nandan has died during the pendency of appeal. Hence the appeal is dismissed as abated against Hari Nandan.

(3.) The prosecution case, in brief, is that on 5-5-1981 at 8 a. m. accused Devi Datt, Hari Nandan, Satish Chandra and Shati Ballabh came to the field of Ramesh Singh and started making 'Jhala' in his field. Ramesh Singh tried to stop them on which the accused started abusing him. At the same time, Nandan Singh, brother of Ramesh Singh and Smt. Dharma Devi, mother of Ramesh Singh went to the place of incident and they also protested to the accused. 'The accused also abused them. The appellant Shanti Ballabh was having 'Sambhal' and the other appellants were having 'Danda' in their hands. The appellants started beating Gopal Singh, Nandan Singh and Smt. Dharma Devi due to which they received injuries. On the alarm, witnesses Sher Singh and Bishan Singh arrived at the spot and intervened. The injured persons were taken to P. H. C. Khatima where Ramesh Singh was medically examined by Dr. L. D. Khatri on 5-5-1981 at 2:00 p. m. The following injuries were found on his person.