- (1.) ALL the above three appeals have been preferred by the appellants/ac­cused against the common judgment and order dated 15.1.1992 passed by III Addl. Sessions Judge, Dehradun and all the appellants are also related to the same incident, hence all these appeals are being disposed of by this common judgment and order.
(2.) THESE appeals, preferred by the appellants' u/s 374(2) of Code of Crimi­nal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), are directed against the judgment and order dated 15.01.1992 passed by III Addl. Sessions Judge, Dehradun in ST. No. 19 of 1988, State Vs. Hardwari lal and others and also in S.T. No.5/1989, State Vs. Samay Singh, by which the appellants/accused Hardwari lal, Babu Ram, lal Singh @ Khechha, Pala Ram, Brijendra and Samay Singh have been convicted u/s 304 (Part II) r/w Section 149 of The In­dian Penal Code, 1860 (hereinafter to be referred as IPC) and sentenced to R.I. for a period of ten years. All the appel­lants/accused were further convicted u/s 147 IPC and sentenced to one year's R.I. It was also directed that the two sen­tences passed against each one of the appellants/accused shall run concur­rently. I have heard Sri Anoop Kumar Verma, learned counsel for the appel­lants and Sri M.A. Khan, learned Brief Holder for the State and perused the en­tire material available on record.
(3.) CHIEF Judicial Magistrate, Dehradun vide his report dated 25.5.2004 has informed that the appel­lant/accused Hardwari lal has died. Along with the report, death certificate issued by Medical Officer, Shanti Prapanna Sharma Govt. Hospital, Rishikesh has also been annexed, a pe­rusal of which shows that appellant/ac­cused Hardwari lal had died on 24.10.2003. As such, the appeal filed by appellant/accused Hardwari lal stands abated.;