MANGTU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15. 6. 91 passed by learned Additional Sessions Judge, Nohar in sessions case No. 46/89 whereby he found accused- appellant Prahlad guilty of the offence under Sec. 302 IPC and sentenced him to life imprisonment and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo six months imprisonment. Learned Additional Sessions Judge found appellant Mangtu Ram and Puran Ram guilty of the offence under Sec. 323 IPC and sentenced both of them for six months RI. As both the above named accused persons were in judicial custody from 6. 9. 89 to 30. 11. 89, the learned Additional Sessions Judge directed to reduce the said period from six months sentence awarded to them. Accused-appellant Prahlad was acquitted under Section 325 IPC and both accused-appellants Mangtu Ram and Puran Ram were acquitted under Section 302/34 IPC and under Section 325/34 IPC.

(2.) WE noticed from perusal of the record that during the pendency of the appeal appellant No. 1 Mangtu Ram had expired, but no order to abate the appeal against him has been passed. WE therefore pass an order, abating the appeal against him.

(3.) THE learned Additional Sessions Judge framed charges against the appellant Prahlad under Sections 302 and 325 IPC. Similarly against Mangtu Ram and Puran Ram charges were framed under Sections 302/34, 325/34 and 323 IPC.