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2022 Supreme(Raj) 839

PANKAJ BHANDARI, SAMEER JAIN
Shimbhu Ram S/o. Sheodan – Appellant
Versus
State of Rajasthan, Through P. P. – Respondent


Advocates Appeared:
For the Appellant : Mr. Arvind Kumar Gupta, Sr. Adv. assisted by Mr. Anurag Pareek, Mr. Saurabh Pratap Singh Chauhan, Ms. Savita Nathawat, Mr. Tanay Jain, Mr. Kapil Bhardwaj, Mr. Kuldeep Yadav.
For the Respondent: Mr. Dheeraj Singhal, Mr. Javed Choudhary, AGA.

JUDGMENT :

Sameer Jain, J.

1. The appellants have preferred this appeal aggrieved by the judgment and order of conviction dated 28.09.2013 passed by Additional Sessions Judge, Neem Ka Thana, District Sikar for offences under Sections 302/34 and Section 436 of the Indian Penal Code (hereinafter ‘IPC’) whereby for offence under Section 302/34 they were sentenced to life imprisonment with fine of Rs.10,000/- and in default of fine simple imprisonment of three months and for offence under Section 436 they were sentenced to 10 years of rigorous imprisonment with fine of Rs.5,000/- and in default of fine two months simple imprisonment. Both the sentences were ordered to be run concurrently.

2. It is informed by the counsel for the appellants that appellant No.2-Sheodan Ram has expired on 13.05.2021. A death certificate in this regard is produced before this Court. Considering the same, the present appeal qua the appellant No.2-Sheodan Ram stands abated.

3. Succinctly stated, the case of the prosecution-respondent as per Written Report (Ex. P3) is as follows :

    (i) That, the complainant Nanchi wife of the deceased Ashok is resident of Lamba Ki Dhani Tan Kurbada. At around 7-8 PM all of them

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