(1.) The Appellants herein are the Accused 1 to 4 in S.C. No. 67 of 2004, on the file of the learned Additional District Judge, Fast Track Court No. III, Virudhachalam. They stand convicted for the offence under Sec. 304(I), I.P.C. and each one sentenced to undergo seven years Rigorous Imprisonment and to pay a fine of Rs. 2,000.00 each, in default to undergo six months Rigorous Imprisonment. Challenging the said conviction and sentence, the Accused have preferred this Criminal Appeal before this Court.
(2.) It is represented by the learned Counsel for the Appellants that pending Appeal, the Second Accused/Second Appellant Bhackiaraj died on 15.10.2008 and he had also produced a copy of the Death Certificate issued by Deputy Tahsildar, Senthurai. In view of the death of the Second Appellant, the Appeal in respect of the Second Accused/Second Appellant abates.
(3.) The case of the prosecution, in brief, is as follows: