KAILASH NARAIN Vs. STATE OF RAJ. & ANR.

JUDGEMENT

(1.) Learned Sessions Judge, Jaipur District Jaipur vide its judgment dated July 24, 1982 rendered in Sessions Case No. 2/1980 convicted and sentenced the accused Heera under Sections 324 Penal Code to undergo one year rigorous imprisonment and a fine of Rs. 200.00 in default of payment of fine, to suffer one month rigorous imprisonment. He was also convicted and sentenced under Sec. 323 Penal Code to undergo six months rigorous imprisonment. Both the sentences were directed to run concurrently. Accused Gordhan, Hanuman, Badri, Harinarain, Noora and Ramlal were convicted and sentenced under Sec. 323 Penal Code to undergo six months rigorous imprisonment. The other accused persons namely; Manohar Singh, Chandra Bhan, Chandra Mohan, Prem Chand, Purushottam were acquitted of the charges under Sections 147,148,302,323,234,302/149,323/324/149 Indian Penal Code Accused Heera was also acquitted of the charges under Sec. 147,138,302,323/324/149 and other accused persons namely; Shravan Singh, Bhanwarlal, Mohan Lal, Hari Sharan, Mittu Khari, Kanhaiyalal, Arjun Singh, Mohan Lal son of Narain Lal, Yadram, Shivdayal, Khemchand, Shrinarain, Nandkishor, Suresh Kumar were also, acquitted of the charges under Sec. 147,148,302/149,323/324/149,323,324 Penal Code and Gordhan Hanuman, Badri Narain, Harinarain, Noora, Ramlal were also acquitted of the charges under sections 147,148,302/149,323/324/149 and 323 Indian Penal Code.

(2.) The complainant Kailash Narain assailed the impugned finding by filing a instant Cr. Revision Petition. This Court vide order dated April 6, 1983 maintained the acquittal of Bhanwarlal, Mithukhan, Arjun Singh, Yad Ram, Shiv Dayal, Khem Chand, Shri Narayan and Nand Kishore and notices were issued in so far as accused Manohar Singh, Chandra Bhan Katara, Chandra Mohan Katara, Premchand Khati, Purushottam, Heeralal, Sravan Singh, Ramlal, Mohanlal, Harisharan, Hanuman Prasad, Kanhaiyalal, Mohan Lal son of Narain Lal, Hari Narayan, Noor Mohammad, Badri Narayan, Gordhan and Suresh Kumar.

(3.) The accused persons namely; Heeralal, Ramlal, Hanuman Prasad, Harinarain, Noor Mohd. Badri Narain and Gordhan preferred the instant appeal assailing their conviction under Sections 324 and 323 Indian Penal Code Accused Heera died in Oct., 1995 and during the pendency of appeal his death certificate has been filed, therefore, the proceedings against accused Heeralal stood abated.