JUDGMENT

Vinit Kumar Mathur, J. - At the outset, learned Sr. Counsel submits that appellant No. 1 Jairam has died during the pendency of the present appeal, therefore, the appeal of appellant No. 1 Jairam stands abated.

2. Instant Criminal Appeal has been preferred under Section 374(2) of IPC against the impugned judgment dated 06.12.1991 passed by the learned Sessions Judge, Jodhpur in Sessions Case No. 4/90. Vide judgment dated 06.12.1991, the appellant has been convicted and sentenced for the offence under Section as under:-

3. The present appeal arises out of the incident which occurred on 27.11.1989 and for which, FIR was registered on 27.11.1989 itself. After the trial, the learned court below convicted the appellant as above vide its judgment dated 06.12.1991. Appellant was arrested on 01.12.1989. Appellant Hanumanram was granted bail on 09.04.1991. After conviction, the appellant Hanumanram has suffered incarceration for almost 17 months.

4. Learned Sr. counsel for the appellant submits that the incident occurred at the spur of the moment on the very trivial issue as the deceased asked for repayment of amount