GANGALIA AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Two accused appellants, namely, Gangalia and Himmat Singh were tried for offence under Sections 323 and 302 IPC. At the conclusion of trial, the learned trial Judge convicted appellant Gangalia for offence under Sec. 323 Penal Code and appellant Himmat Singh for offence under Sec. 304 Part II IPC.

(2.) During tendency of appeal, appellant Ganglia died and his appeal stood abated vide order of this court dated 13.5.2003 Now remains the appeal of appellant Himmat Singh.

(3.) Learned counsel appearing for the appellant frankly conceded that he does not want to challenge the conviction of the appellant. His argument is that appellant has entered into a compromise with the complainant Smt. Pramod. Learned counsel submitted that both the parties belong to the same family. The complainant has also submitted her affidavit deposing therein that appellant Himmat Singh is responsible member of their family and he is the earner. After the death of her husband, the appellant been taking care of entire family. In this back ground learned counsel submitted that appellant may be sentenced to the period already undergone in confinement.