STATE Vs. KAILASH

JUDGEMENT

(1.) THIS appeal, preferred under Section 378(1) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C), is directed against the judgment and order dated 04 -04 -1990 passed by Additional Sessions Judge, Dehradun, in Session Trial No. 49 of 1989, State v. Kailash and Ors., whereby the learned Additional Sessions Judge has acquitted the Respondent Nos. 1 to 3 namely Kailash, Vijai Prakash alias Bijji and Arun alias Gullu respectively for an offence punishable Under Section 302 r/w 34 of Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.).

(2.) RESPONDENT No. 3 Arun alias Gullu is reported to have died during the pendency of the appeal. C.J.M., Dehradun vide his letter dated 22 -8 -2003 has informed that the Respondent No. 3 Arun alias Gullu had died before 10 years. Hence appeal against Respondent No. 3 Arun alias Gullu stands abated. Respondent No. 4 Kaloo alias Ramesh had died during the pendency of the trial, hence the case against him was abated during trial.

(3.) THE CJM, Dehradun has committed the case to the court of Sessions after complying with the provisions Under Section 207 Code of Criminal Procedure on 09 -03 -1989.