HARI DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) Since all the three appeals arise out of a common judgment dated 22 -11 -1984 passed by Special Judge, Shimla in Case No. 26 -S/Tof 1983, we propose to dispose of these through a single judgment.

(2.) In Criminal Appeal No 78 of 1984, original appellants, S/Shri Hari Dass, Satya Dev Sharma, Sher Singh, Mohan Lal and Misru Mai, had been convicted by the trial Court and in Criminal Appeal No. 80 of 1984. Daya Nand was convicted. In Criminal Appeal No. 63 of 1985, State is the appellant, who has appealed against the acquittal of the respondents, S/Shri Piara Singh, Bir Singh, Balbir Singh, Vijay Kumar and Rattan Chand.

(3.) It may also be pointed out at the very outset that initially there were number of accused all before the trial Court. When these cases were taken for hearing, it was stated at the Bar by all the learned Counsel appearing for the parties that the accused S/Shri Sher Singh and Mohan Lai have since died and an application of one Satish Thakur has been allowed thereby permitting him to continue the appeal in place of Sher Singh In respect of other accused Mohan Lai, there is no such order. Similarly accused Misru Mai has also died and no one has come forth to continue the appeal in his place. Rattan Chand, respondent in Criminal Appeal No. 63 of 1985 has also since died and in his case also, no application has been moved to continue the appeal in his place.