LATE UMESH RAJARAM SAMANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the appellants and the learned A.P.P for the respondent-State.

(2.) By this appeal, the appellant/accused has challenged the judgment and order dtd. 12th March 2013 passed by the learned Additional Sessions Judge, Sindhudurg at Oros, in Sessions Case No. 18 of 2012. Vide the said judgment and order, the learned Additional Sessions Judge has convicted the appellant/accused for the offence punishable under Sec. 302 of the Indian Penal Code ('IPC ') and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000.00 , in default of payment of fine, to suffer simple imprisonment for five months.

(3.) At the outset, it is necessary to mention that the appellant/accused, while undergoing the sentence, died on 29th November 2020, after pronouncement of the judgment and order by the Sessions Court. In normal course, upon death of appellant/accused, appeal would abate, however, in the present case, pursuant to the order dtd. 16th November 2021, the legal representatives of the appellant/accused i.e. daughter and son of the appellant/accused are brought on record, to pursue the appeal for the cause of justice, by invoking provision to Sec. 394 of the Cr.P.C.