JUDGMENT :

1. This criminal appeal preferred by the appellants under Section 374 (2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 03.12.1998, passed by Additional Sessions Judge, Janjgir District Bilaspur (C.G.) in Sessions Trial No. 83 of 1995, whereby appellants have been convicted for offences punishable under Sections 148, 452,325 read with section 149 IPC and sentenced to undergo rigorous imprisonment for 1 year under Section 148 IPC, rigorous imprisonment for 1 year and to pay fine of Rs. 500/- each of the appellants under Section 452 IPC, rigorous imprisonment for 1 year and to pay fine of Rs. 500/- each of the appellants under Section 325 read with section 149 IPC plus default stipulations with a direction to run the sentences concurrently.

2. Case of the prosecution, in brief, is that on 01.07.1994 at about 10.05 AM, complainant Lachhanbai (PW-1) lodged the FIR (Ex.P-1) in Police Station Janjgir, alleging that last evening at about 6-7 o'clock, his brother-in-law namely Rama called a meeting in his house for partition of property where her husband was also present and she was alone in her house. It is also alleged that Ramayan Kurmi, Daua Kurmi, Ramsagar, Rama, Bhagat Kurmi, Devnarayan, Bhuru and Fagu with common intention have committed house trespass and entered into the house of victim, abused and committed marpit with hands and fists to the complainant. It is also alleged that appellant No.1 caused grievous injuries to the victim with umbrella, as result of which, she sustained injuries on her back, right ear and twisted her left hand and she was too feeling pain and fell down there thereafter the appellants left her and fled away from there. Lachhan Bai along with Gokul (PW-3) and her husband came to police station and lodged FIR (Ex.P-1) against the appellants on the basis of which the police has registered the offence punishable under Sections 148, 459, 325 and read with section 149 IPC. During investigation, Police seized broken pieces of bangles from the spot vide Ex.P-1, umbrella (Ex.P-11) was seized from Bhagat Ram, Map (Ex.P-12) and thereafter arrested the appellants on 01.07.1994, vide arrest memo (Ex.P-13). Statements of witnesses were recorded under Section 161 of CrPC and after due investigation, the police filed charge-sheet against the appellants in the Court of Judicial Magistrate, First Class Janjgir, thereafter, the case was committed to the Court of Additional Sessions Janjgir for trial in accordance with law. The appellants/accused persons abjured their guilt and entered into defence stating that they have not committed the offence and have been falsely implicated in the case.

3. To bring home the guilt of the appellants, the prosecution examined as many as 7 witnesses. Victim Lachhan Bai (PW-1), Ramdayal (PW-2), Gokul (PW-3), Dr. U.C. Sharma (PW-4), Sub Inspector B.C. Singh (PW-5), Kanhaiya (PW-6) and M.L. Sandilya (PW-7) and exhibited documents FIR (Ex.P-1), seizure memo (Ex.P-2), Statement of Gokul (Ex.P-3), Medical examination of victim (Ex.P-4) ), Medical report (Ex.P-5), Examination of umbrella (Ex.P-6), Report of Medical Examination (Ex.P-7), Query report (Ex.P-8), Reply of query (Ex.P-9), X-ray (Ex.P-10), seizure memo (Ex.P-11), Map (Ex.P-12) and Seizure Memo (Ex.P-13). In support of their defence, the appellants have also examined one defence witness namely Ramlal (DW-1) The statements of the appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt, pleaded innocence and false implication in crime in question. After hearing counsel for the parties and considering the material available on record, the trial Court by the impugned judgment, convicted & sentenced the accused/appellants as described above. Hence, this appeal.

4. During pendency of the appeal, Appellant No. 1 and victim have died, their death certificates were also been brought on record. Thus, the appeal so far as, appellant