(1.) Both the criminal appeals have been filed against the judgment and order dated 07.07.2000 passed by 12th Additional Sessions Judge, Lucknow, in Sessions Trial No.278 of 1996, under Section 304 and 323 I.P.C. whereby and whereunder the accused/appellants were found guilty under Section 304 and 323 I.P.C. Appellant Sant Ram was sentenced to undergo rigorous imprisonment for a period of five years under Section 304 I.P.C. Smt. Angana and Sona Devi was convicted under Section 304 I.P.C. and sentenced to undergo rigorous imprisonment for a period of three years. All the accused were sentenced to six months rigorous imprisonment, under section 323 I.P.C. Since both the appeals are connected and have a common question of law and fact, thus, these are decided by the common judgment.
(2.) During pendency of the appeal, appellant Smt. Angana died. Hence, the appeal against the appellant Smt. Angana stood abated.
(3.) The brief facts as narrated in the First Information Report are that the daughter of the complainant Phool Chand was playing on the forefront of the door. Wife of the accused/appellant Shant Ram was inimical with the complainant and started to abuse her daughter. In the meantime the accused/appellants Shant Ram, Sona Devi and Angana came there and started to beat the complainant party, on making loud the neighbour came there, all the accused/appellants fled away. Dheeraja Devi seriously injury was taken to the hospital, thereafter she died due to injuries in this incident. The first information report was lodged in the police station where it was registered and after investigation charge sheet was submitted against accused/appellants. After taking the cognizance by learned Chief Judicial Magistrate, the case was committed to the Court of Sessions where all the accused/appellants were summoned and charges were levelled against them for which they pleaded not guilty and claimed for trial.
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