GUNANAND BARTHWAL Vs. STATE

JUDGEMENT

(1.) This appeal preferred, under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 30.03.1990 passed by learned Sessions Judge, Pauri Garhwal in Sessions Trial No.15/1988, State Vs. Mani Bisht @ Manohar Singh & three others , whereby the learned Sessions Judge has convicted the appellant/accused Gunanand Barthwal and the coaccused Mani Bisht @ Manohar Singh for the offence punishable u/s 304 part-II r/w Sec. 34 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and u/s 201 I.P.C. and sentenced them to undergo five years rigorous imprisonment for the offence punishable u/s 304 part-II r/w Sec. 34 I.P.C. and also three years rigorous imprisonment for the offence punishable u/s 201 I.P.C. It was also directed that both the sentences shall run concurrently. However, the other co-accused persons Mastan Singh and Sundar Lal @ Sundari were acquitted.

(2.) I have heard Sri Lokendra Dobhal, learned counsel for the appellant and Sri M.A. Khan, learned brief holder for the State and perused the record.

(3.) It was reported that the sole appellant/accused Gunanand Barthwal had died on 6.7.2006 and an application was moved by the wife of the appellant/accused for grant of leave to continue the appeal. The application for grant of leave to continue the appeal was allowed by this Court on 25.07.2008 and leave to continue the appeal was granted to the applicant Smt. Prabhawati (wife of Gunanand Barthwal-deceased). The co-accused Mani Bisht @ Manohar Singh has also died and his Appeal No. 1237/01 (old no. 694/90) stood abated vide Courts order dated 14 Aug., 2008.