Hon'ble SHARMA, J.—This appeal has been filed by the accused appellant Banshilal (now dead) against the judgment and order of conviction and sentence dated 9.5.1988 passed by Additional Sessions Judge No. 2 Ajmer in Sessions Case No. 58/1986 (112/1986) whereby the accused appellant Banshilal was convicted for the offence under Section 304 Part II and sentenced to three years rigorous imprisonment and fine of Rs. 1000/- and in default of payment to further suffer six months additional simple imprisonment. It may be mentioned that the appellant Banshilal died on 17.3.2008 and his wife wants to represent the present appeal and for that she filed an application dated 13.1.2009 for allowing her to represent her husband in the appeal and this court allowed the said application vide order dated 10.2.2009. This court passed the following order:

"Heard on application. It is prayed in the application that appellant has expired and in his place his wife may be permitted to pursue the legal remedy. No objection has been raised from other side.

The application stands allowed. List on 18.2.2009."

In these circumstances the appellant who died on 17.3.2008 now represented by his wife Smt. Geetadevi,

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