(1.) Accused-appellant, Manohar Lal Dethudia has preferred the present appeal under Sec. 374 (2) Cr.P.C. aggrieved against the judgment dtd. 13/11/2009 passed by Additional Sessions Judge No.2, Chittorgarh ('the trial court') in Session Case No.37/2005 whereby Manohar Lal Dethudia was convicted for offence under Ss. 302 and 201 of IPC and sentenced him as under: - <IMG>JUDGEMENT_207_LAWS(RAJ)5_2023_1.jpg</IMG>
(2.) During pendency of the present appeal, accused/appellant Manohar Lal Dethudia died on 1/7/2020 and an application under proviso to Sec. 394 (2) Cr.P.C. was filed by his wife, Smt. Santosh Bai, which came to be allowed on 20/7/2022 while condoning the delay in filing the application and the applicant Smt. Santosh Bai was granted leave to continue the appeal.
(3.) Brief facts relevant and essential for disposal of the present appeal are as under: