DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Criminal Appeal was filed initially by ten appellants namely Devi Singh, Udai Singh, Sohan Singh, Viram Singh, Khim Singh, Kaisar Singh, Rod Singh, Vane Singh, Chattar Singh, Kaisar Singh, all residents of Village-Bori Bera, Tehsil-Kumbhalgarh, District-Udaipur against the Judgment dated 26.3.1991 passed by Additional Sessions Judge, Bali in Sessions Case No. 11/1990 whereby, all the accused-appellants were convicted for offence under Sections 147, 426, 452 and 365 I.P.C. and were punished for one year rigorous imprisonment under Section 365 I.P.C. along with Rs. 100/- fine and in default of payment of fine, to further undergo 15 days rigorous imprisonment. For offence under Section 452 I.P.C., all the accused appellants were punished with sentence of one year rigorous imprisonment along with Rs. 100/- fine and in default of payment of fine to further undergo 15 days rigorous imprisonment. For offence under Section 147 I.P.C., a fine of Rs. 200/- was imposed against them and in default of payment of fine, to undergo sentence for one month rigorous imprisonment and for offence under Section 426 I.P.C., all the accused-appellants were punished with fine of Rs. 200/- and in default of payment of fine, to further undergo one month rigorous imprisonment.

(2.) In the operative portion of the judgment, it was observed by the Trial Court that out of the amount of fine deposited by the appellants, Rs. 2,000/- may be paid to the complainant Khem Singh further it was ordered that all the sentence shall run concurrently.

(3.) Learned Counsel for the appellant submits that during pendency of the instant Appeal, accused appellant Khem Singh died, therefore, after obtaining information from concerned Police Station, his Appeal was abated vide Order dated 2.4.1993.