BHAGWANLALP Vs. STATE OF M P GIRRAJ

JUDGEMENT

(1.) These two criminal appeals have been filed respectively by the accused convicted by the Court of Sessions Judge, Guna and by the State against acquittal of respondents No.6, 7 and 9 and for enhancement of sentence of other respondents being aggrieved by judgment dated 29.02.2000 passed in Sessions Case No.39/1995-State of M.P., through Police Station Fatehgarh, District Guna Vs. Bhagwanlal and 13 others.

(2.) Vide impugned judgment, the Court of learned Sessions Judge, Guna has acquitted the accused/respondent No.10-Gulabbai, respondent No.11-Rambai, respondent No.12-Shobhabai, respondent No.13-Savitribai and respondent No.14- Bhuribai by not finding any involvement of these persons in commission of any crime, so also respondent No.6-Jainarayan S/o Deepchand, respondent No.7-Deepchand S/o Motilal and respondent No.9-Girraj S/o Deepchand. Learned Sessions Court has convicted appellants No. 1 and 2- namely; Bhagwanlal and Omnarayan @ Omprakash under Section 304 (Part-II) and Section 148 of IPC with 3 years' R.I. and fine of Rs. 1000/- and in default of fine six months' further R.I. Similarly, learned Sessions Judge has convicted Bhagwanlal, Omprakash @ Omnarayan, Brijmohan, Shivcharan, Madanlal and Ramchandra under Section 148 of IPC with one year's R.I. and fine of Rs.250/-. In default of payment of fine, 15 days' further R.I. to each. Learned Sessions Court has also convicted Bhagwanlal under Section 323 of IPC with one years' R.I. and directed that sentence of Bhagwanlal and Omprakash @ Omnarayan shall run concurrently.

(3.) On behalf of the appellants, it is an admitted position that during pendency of Criminal Appeal No.189/2000, appellant No.3-Madanlal has died and therefore, appeal has abated for him. Similarly, in Criminal Appeal No.636/2000, respondent No.6 Jainarayan and respondent No.8-Madanlal have died and therefore, Criminal Appeal No.636/2000 stands abated for Madanlal and Jainarayan respectively.