(1.) At the outset, learned Sr. Counsel submits that appellant No. 1 Jairam has died during the pendency of the present appeal, therefore, the appeal of appellant No. 1 Jairam stands abated.
(2.) Instant Criminal Appeal has been preferred under Sec. 374(2) of IPC against the impugned judgment dtd. 6/12/1991 passed by the learned Sessions Judge, Jodhpur in Sessions Case No. 4/90. Vide judgment dtd. 6/12/1991, the appellant has been convicted and sentenced for the offence under Sec. as under:-
(3.) The present appeal arises out of the incident which occurred on 27/11/1989 and for which, FIR was registered on 27/11/1989 itself. After the trial, the learned court below convicted the appellant as above vide its judgment dtd. 6/12/1991. Appellant was arrested on 1/12/1989. Appellant Hanumanram was granted bail on 9/4/1991. After conviction, the appellant Hanumanram has suffered incarceration for almost 17 months.