VIJAY RAMA SATVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19th December, 1990 passed by the learned 8th Additional District and Sessions Judge, Thane, in Sessions Case No.323 of 1987, by which the learned Sessions Judge has convicted both the appellants under Section 498(A) read with Section 34 as well as under Section 306 read with Section 34 of Indian Penal Code (for the sake of brevity, hereinafter referred to as IPC). By the impugned judgment and order, the learned Sessions Judge convicted the appellant/ accused No.l under Section 498(A) read with Section 34 of IPC and sentenced to suffer one year rigorous imprisonment and to pay a fine of Rs.250/- and in default, to suffer one month rigorous imprisonment. The appellant/accused No.l is also convicted under Section 306 read with Section 34 of the IPC and was sentenced to suffer one year R.I. And to pay a fine of Rs.250/-, in default of which, the appellant/ accused No. 1 shall suffer one month R.I.

(2.) The appellant No.2 who was the original accused No.2 in the above Sessions Case, was also convicted under Sections 498(A) read with Section 34 of IPC and sentenced to suffer R.I. for one month and to pay a fine of Rs.250/-, in default, to suffer R.I., for one month. She was also convicted under Section 306 read with Section 34 of IPC and sentenced to suffer R.I. for one month and to pay a fine of Rs.250/-, in default of payment of fine, to suffer R.I., for one month. The substantive sentences were directed to run concurrently.

(3.) During the course of hearing, the learned counsel appearing for the appellants has pointed out to the Court that the appellant/ accused No.l Mr. Vijay Rama Satvi, has died. We accordingly directed the learned APP to make an inquiry about the same and today, she has confirmed the said fact that the appellant No.l has already died. In this connection, she has placed on record a fax message which she has received from the concerned police station. The said fax massage is taken on record and marked 'X' for identification. In view of the above factual position, the above appeal stands abated qua appellant/accused No.l Mr. Vijay Rama Satvi.