RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants were tried for an offence under Section 498A IPC. Sudarshan Kumar appellant was also charged under Section 302 IPC whereas the remaining appellants under Section 302 read with Section 34 IPC. Vide judgment and order dated 10.6.1996, learned Sessions Judge, Ludhiana exonerated the appellants of the charge under Section 302 IPC and, instead, convicted them under Section 306 IPC as well as under Section 498A IPC. All of them were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000 on the first count and rigorous imprisonment for two years and to pay a fine of Rs.500 on the second. Sentences of imprisonment were also imposed upon the appellants in the event of non-payment of fine. The substantive sentences were, however, ordered to run concurrently.

(2.) At the outset, it has been submitted by learned counsel for the appellants that Sudarshan Kumar appellant has died on 27.6.1999. In this regard, he has drawn the attention of the Court to photocopy of the death certificate issued by Additional Local Registrar, Births and Deaths, Municipal Corporation, Ludhiana, as per which the factum of death of Sudarshan Kumar was registered on 30.7.1999 vide registration No.406.

(3.) Photocopy of the death certificate had been handed over to learned State counsel on the last date of hearing so as to verify the factum of death of Sudarshan Kumar appellant. Pursuant to the same, learned State counsel has placed on record the statements of Sudesh Kumar and Joginder Singh duly attested by Head Constable Jasdev Singh, Police Station Sadar, Ludhiana. It has been stated by aforementioned Sudesh Kumar and Joginder Singh, who had been residing in the neighbourhood of Sudershan Kumar, that the latter had died on 27.6.1999.