STATE OF RAJASTHAN Vs. JAGDISH

JUDGEMENT

(1.) This appeal is directed against the judgment passed by Additional Sessions Judge, Dholpur in Sessions Case No. 85/85 dated 17.03.1986, whereby famed trial court has convicted the accused-respondents as under:-

(2.) Feeling aggrieved State of Rajasthan preferred an application seeking grant of leave to present appeal and this court while disposing of the same granted leave to file an appeal on 06.07.1987 and as such instant appeal was registered.

(3.) During pendency of appeal some of the accused persons namely accused respondent No. 4 Bhoti Ram son of Bahadur Jatav, respondent No. 5 Kalian son of Neksia Jatav, respondent No. 6 Genda son of Malkhan Gurjar, respondent No. 7 Sukh Ram son of Mohan Prasad Gurjar and respondent No. 14 Sirmohar son of Bahadur Gurjar have died, so, appeal qua them was dismissed as having abated on 23.03.2010, accordingly order of abatement qua the same accused persons was also passed in S.B. (D.B.) Criminal Appeal No. 186/86 on 23.03.2010, During this period some of the accused namely Hari Singh son of Devi Singh Gurjar, Raghuveer Singh son of Devi Ram Gurjar, Mohar Giri son of Murli Giri Gusal have also expired and affidavit to this effect has been filed by Police Superintendent Dholpur disclosing therein about the demise of accused Hari Singh son of Devi Singh, Raghuveer son of Devi Ram, Sirmohar son of Bahadur, Mohan Giri son of Murli Giri, Bhogiram son of Bahadur, Kalian son Neksia Jatav, Genda son of Malkhan and Mohan Giri son of Murli Giri.