ISHAB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgement dtd. 7/12/1988 passed by the learned Additional Sessions Judge, Deeg (Bharatpur) in Sessions Case No.47/1985; State of Rajasthan v. Ishab and Ors. whereby, the accused-appellants have been convicted and sentenced as under: Accused-appellant Ishab:

(2.) At the outset, it may be observed that as per the report dtd. 12/7/2022 furnished by SHO, Police Station Pahadi, District Bharatpur, the accused-appellant Ishab S/o Jagroop has expired on 10/8/2020. The report is accompanied with a death certificate dtd. 14/9/2020 issued by the Registrar-Savler, Pahadi, Bharatpur and a certificate dtd. 12/7/2022 issued by the Sarpanch, Gram Panchayat, Sanwler, Panchayati Samiti Pahadi, District Bharatpur. In view thereof, the appeal of accused- appellant Ishab stands abated.

(3.) Relevant facts in brief are that the informant/complainant Kamal Khan (PW7) lodged a written report (Ex.P1) dtd. 1/7/1985 with the Police Station Pahadi, District Bharatpur stating therein that on 30/6/1985 at about 10 am, Ishab, who was digging a foundation in complainant's land, when objected by the complainant, Ibrahim and Islam, inflicted a barbed wire lathi blow on the head of Ibrahim, Nabbu inflicted a barbed wire lathi blow on the temple of Ibrahim, Nabbu and Jumrat inflicted lathi blows on the head of Islam and a lathi blow on his thigh. It was averred that they were saved by Fajjar, Buddha Singh and others lest they would have been murdered. On this report, an FIR No.306/85 (Ex.P2) was registered under Ss. 326, 307, 323 read with Sec. 34 IPC. On death of Ibrahim during the course of investigation, offence under Sec. 302 IPC was added. The police after investigation filed charge sheet against the accused-appellants under Ss. 302, 307, 326, 323, 447 and 34 IPC in the Court of learned Judicial Magistrate, Kaman which was committed to the Court of learned Additional Sessions Judge, Deeg (Bharatpur) (for brevity-'the learned trial court') for trial.