JUDGMENT :

1. Appellant Rai Singh has expired during the pendency of this appeal hence appeal against him has been abetted.

2. This criminal appeal under section 374(2) of the Code of Criminal Procedure has been filed by the appellant being aggrieved by the impugned judgment, finding and sentence dated 21-4-1999 passed by II Additional Sessions Judge, Sehore in S.T. No. 146/98, whereby the appellant Kamal Singh has been convicted under sections 326/34, 324/34 and 323/34 of Indian Penal Code and sentenced to R.I. for 3 years with fine of Rs.1000/- in default of payment of fine R.I. for 6 months, R.I. for 6 months and R.I. for 3 months respectively with the direction to run the sentences concurrently.

3. Prosecution case in short is that Sunar Singh r/o Village Kadrabad lodged report at Police Outpost Shyampur on 13-6-1998 at 10:30 a.m. to the effect that at the time of incident the appellants came armed with farsi at his house and by abusing him said that his cattle (buffalo) had damaged the crop. The complainant asked him not to abuse and to carry the cattle to the Kanji House if any damage is caused. On this the appellants extended threats to kill him and inflicted farsi blow which h