JAGBIR @ POTO Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT appeal was filed by Jagbir @ Poto, Sher Singh and Balwan, challenging the judgment of conviction and the order of sentence, dated 18.3.2003, passed by learned Additional Sessions Judge, Rohtak, whereby they were held guilty for the offences punishable under Sections 323 and 325 read with Section 34, IPC, in a case arising out of FIR No. 114, dated 1.8.2002, registered at Police Station, Kalanaur, District Rohtak, and each one of them was ordered to undergo the following sentences: - <FRM>JUDGEMENT_393_LAWS(P&H)1_2015.htm</FRM>

(2.) ON 16.1.2015, when the case came up for consideration, learned counsel for the appellants had pointed out that appellant No. 3, Balwan, son of Jai Narain had died after filing of the appeal, therefore, the present appeal qua him had abated. Learned counsel for the State had sought time to verify the said fact.

(3.) DURING resumed hearing, learned counsel for the State on instructions from ASI Narender of Police Station, Kalanaur, District Rohtak, states at the bar that appellant No. 3, Balwan has since died after filing of the appeal. He has also produced a copy of the death certificate, dated 27.1.2015, issued by the Sub Registrar, Birth and Death, Municipal Corporation, Rohtak, which is taken on record. Perusal of the said certificate reveals that Balwan had died on 30.12.2009, i.e. after filing of the present appeal.