HEERJI AND PRABHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 14. 5. 1997 passed by the Additional Sessions Judge, Banswara convicting the first appellant Heerji u/s. 307 IPC and sentenced to imprisonment for life. He has also been convicted for offence u/s. 447 and 3/25 of the Arms Act. Second appellant Prabhu has been convicted for offence u/s. 307/34 IPC and sentenced to ten years rigorous imprisonment and to pay a fine of Rs. 100/-, in default of payment to further undergo 15 days simple imprisonment. He has also been convicted for offence u/s. 3/25 of the Arms Act. Both the sentences have been ordered to run concurrently.

(2.) IT was reported that the first appellant Heerji has died during the pendency of this appeal. The SHO, Police Station, Danpur by report dated 14. 6. 2000 has verified the said fact. In view, of this, the appeal filed by the first appellant Heerji stands abated. Since second appellant Prabhu has been convicted u/s. 307/34 IPC, we do not consider it appropriate to keep this appeal pending. In view of this, on the request of the learned counsel for the parties, the appeal is taken up for final hearing.

(3.) IT is significant to notice that the informant P. W. 1 Rama and the injured P. W. 2 Roopa have not supported the prosecution case and they have been declared hostile. However, the prosecution case has been supported by P. W. 3 Moti and P. W. 4 Sandu.