JUDGMENT :

M. NIRMAL KUMAR, J.

1. This Criminal Appeal has been filed against the judgment and conviction passed by the learned Additional Sessions Judge, Mahila Court, Theni in S.C. No. 96 of 2012, dated 19.02.2014.

2. The appellants are the accused in this case. The Trial Court convicted the Accused No. 1 and imposed a sentence of three months Rigorous Imprisonment for each count for the offence under Section 324 (3 counts) and imposed a sentence of one month Rigorous Imprisonment for the offence under Section 323 I.P.C. The sentences were directed to run concurrently and set off under Section 428 Cr. P.C. was also ordered. The trial Court convicted the accused No. 2 for the offence under Section 323 r/w 109 I.P.C. and imposed fine amount of Rs. 3,000/- in default to undergo three months Simple Imprisonment.

3. It is represented by the learned counsel appearing for the appellants that during the pendency of the Appeal, Accused No. 1 had died on 13.06.2018. A memo has also been filed before this Court. The second appellant is the mother of the first appellant.

4. The facts of the case are briefly stated hereunder:

4.1 The case of the prosecution is that accused No. 1 and PW-2 are husban