JUDGMENT

Mr. Mahendar Kumar Goyal, J. - This criminal appeal is directed against the judgement dated 7.12.1988 passed by the learned Additional Sessions Judge, Deeg (Bharatpur) in Sessions Case No.47/1985; State of Rajasthan v. Ishab and Ors. whereby, the accused-appellants have been convicted and sentenced as under:

Accused-appellant Ishab:

1. Under Section 304 Part-I IPC: 10 years rigorous imprisonment with a fine of Rs.100; in default thereof, to further undergo 1 month simple imprisonment.

2. Under Section 307 /34 IPC: 10 years rigorous imprisonment with a fine of Rs.100; in default thereof, to further undergo 1 month simple imprisonment.

3. Under Section 323 /34 IPC: 1 month simple imprisonment.

Accused-appellant Nabbu:

1. Under Section 304 Part-I IPC read with Section 34 IPC: 10 years rigorous imprisonment with a fine of Rs.100; in default thereof, to further undergo 1 month simple imprisonment.

2. Under Section 307 /34 IPC: 10 years rigorous imprisonment with a fine of Rs.100; in default thereof, to further undergo 1 month simple imprisonment.

3. Under Section 323 IPC: 1 month simple imprisonment.

Accused-appellant Jumrat:

1. Under Section 304 Part-I IPC read with Section 34 IPC: 10 years rigorous imprisonment with a fine of Rs.100; in default thereof, to further undergo 1 month simple imprisonment.

2. Under Section 307 IPC: 10 years rigorous imprisonment with a fine of Rs.100; in default thereof, to further undergo 1 month simple imprisonment.

3. Under Section 323 IPC read with Section 34 IPC: 1 month simple imprisonment.

All the sentences to run concurrently.

2. At the outset, it may be observed that as per the report dated 12.7.2022 furnished by SHO, Police Station Pahadi, District Bharatpur, the accused-appellant Ishab S/o Jagroop has expired on 10.8.2020. The report is accompanied with a death certificate dated 14.9.2020 issued by the Registrar-Savler, Pahadi, Bharatpur and a certificate dated 12.7.2022 issued by the Sarpanch, Gram Panchayat, Sanwler, Panchayati Samiti Pahadi, District Bharatpur. In view thereof, the appeal of accused-appellant Ishab stands abated.

3. Relevant facts in brief are that the informant/complainant Kamal Khan (PW7) lodged a written report (Ex.P1) dated 1.7.1985 with the Police Station Pahadi, District Bharatpur stating therein that on 30.6.1985 at about 10 am, Ishab, who was digging a foundation in complainant's land, when objected by the complainant, Ibrahim and Islam, inflicted a barbed wire lathi blow on the head of Ibrahim, Nabbu inflicted a barbed wire lathi blow on the temple of Ibrahim, Nabbu and Jumrat inflicted lathi blows on the head of Islam and a lathi blow on his thigh. It was averred that they were saved by Fajjar, Buddha Singh and others lest they would have been murdered. On this report, an FIR No.306/85 (Ex.P2) was registered under Sections 326 , 307, 323 read with Section 34 IPC. On death of Ibrahim during the course of investigation, offence under Section 302 IPC was added. The police after investigation filed charge sheet against the accused-appellants under Sections 302 , 307, 326, 323, 447 and 34 IPC in the Court of learned Judicial Magistrate, Kaman which was committed to the Court of learned Additional Sessions Judge, Deeg (Bharatpur) (for brevity-'the learned trial court') for trial.

4. Charges under Sections 302 , 307/34, 324/34 IPC were framed against accused-appellant Ishab, under Section 302 /34, 307/34, 324/34 and 323 IPC against accused Nabbu and under Sections 302 /34, 307 and 324 IPC against accused Jumrat. Accused-appellants pleaded not guilty and demanded trial.

5. After trial, the learned trial court convicted and sentenced the accused-appellants vide its jud