(1.) THIS appeal was filed by Gurnam Singh, appellant, who died during the pendency thereof, and Smt. Sudesh, his widow, moved an application for her impleadment as appellant, which was allowed, vide order dated 21.11.2005. She was, thus, permitted to pursue the appeal.
(2.) THIS appeal is directed against the judgment of conviction dated 21.09.1995, and the order of sentence dated 26.09.1995, rendered by the Court of Additional Sessions Judge, Patiala, vide which it convicted Gurnam Singh, accused, (since deceased), as under :- Name of the accused (now appellant) The offence for which conviction was recorded. Sentence awarded. Gurnam Singh U/S. 377/511 IPC Rigorous imprisonment for five years. Fine of Rs. 500/-. In default of payment of fine to undergo rigorous imprisonment for one month. Gurnam Singh U/S 354 IPC Rigorous imprisonment for two years. Fine of Rs. 500/-. In default of payment of fine to undergo rigorous imprisonment for one month. The substantive sentences of the accused were ordered to run concurrently.
(3.) ON his appearance, in the Committing Court,the accused was supplied the copies of all the documents,relied upon by the prosecution. After the case was received by commitment, in the Court of Sessions, charge under Sections 376/511 and 377 of the Indian Penal Code, was framed against Gurnam Singh, accused (since deceased), to which he pleaded not guilty, and claimed judicial trial.