(1.) At the outset of the hearing, learned State counsel has brought to the notice of this Court on papers received from the Police Department, Haryana that appellant no. 2, Dinesh Kumar expired on 20th July, 2009. Death Certificate duly certified by the Investigating Officer has been placed on record. Accordingly, appeal filed by Dinesh Kumar abates and it has been so ordered by this Court vide interim order dated 23rd August, 2017.
(2.) Appellant no. 1, Shobha Rani has been heard through counsel appointed by the Legal Services Authority as also Dr. Sushil Gautam, DAG, Haryana appearing for the State. It may be noted that appellant no. 1 was allowed the benefit of suspended sentence and released on bail by the trial court on the condition that appeal be filed against conviction and sentence during the prescribed period of limitation. The appeal has been filed within limitation and Shobha Rani has furnished bail bounds and is on bail pending appeal since then. Shobha Rani is about 70 years old. The actual period undergone including custody under trial is 11 days and after conviction Nil as supported by the affidavit of custody filed by the Deputy Superintendent, Central Jail, Ambala. The trial court has recorded conviction of Shobha Rani and sentenced her to undergo RI for a period of three years for committing offence under Section 304 Part II read with Section 34 of the IPC.
(3.) The prosecution case was that the deceased Jagmal Singh resident of Village Naggal Patti Machrauli, District Yamuna Nagar, Haryana was employed as a driver on the tractor trolly of Rati Ram PW3 of Village Miyanpur. On 13th May, 2003, he was engaged in hauling minerals (sand) from Dadupur river bed with destination of one Mahender Singh's house in village Machhrauli. After unloading sand at the house of Mahinder, Jagmal Singh proceeded to the house of Pawan Kumar PW4 to load goods to carry them to Bilaspur. On reaching the house of Pawan Kumar to unload the goods while reversing the tractor trolly, the trolly hit the wall of the residence of both the accused Shobha Rani and late Dinesh Kumar, mother and son respectively. The accused came out of the house and pulled down Jagmal Singh from the driver's seat followed by kicks and fist blows. After the occurrence Jagmal Singh returned to his home. He felt difficulty in walking and speaking.