- (1.) The present appeal has been filed by the accused-appellants Smt. Kamla and Dhanna Ram against their conviction under section 302 read with Section 34 IPC and sentence of life imprisonment and fine of Rs. 100 /- and in default of payment of fine to further serve 10 days simple imprisonment awarded by the learned Additional Sessions Judge, Raisinghnagar vide judgment dated 06.07.1998 passed in Sessions Case No. 75/1996.
(2.) The accused-appellant, Smt. Kamla is reported to have died on 02.04.2000 and the information regarding her death has been verified and confirmed by the SHO Police Station, Raisinghnagar. Learned counsel for the accused-appellant-Kamla has also produced her death certificate. The report of the SHO is annexed with a certificate issued by the Sarpanch, Gram Panchayat, Muklawa. Thus, it is apparent that appellant-Smt. Kamla died on 02.04.2000 during the pendency of her appeal and her no near relative has applied to this Court within the prescribed period of thirty days for leave to continue the appeal. So, her appeal abates but the appeal of co-accused Dhanna Ram survies. So we have to see as to whether the prosecution has succeeded in bringing home the guilt to Dhanna Ram beyond all reasonable doubts.
(3.) Succinctly stated, the relevant facts of the prosecution case are that on 23.04.1996 Het Ram, son of Jaluram Meghwal lodged a written report at Police Station, Raisinghnagar to the effect that his brother Jagdish used to live in his Dhani with his wife and children. The character of his wife Mst. Kamla was not above board. Accused-appellant used to visit her often. The deceased used to object to the visits of his brother Dhanna Ram at his Dhani. In the morning of 09.04.1996 Dilip who used to cultivate the land of deceased-Jagdish informed him that Mst. Kamla wife of Jagdish had informed him that Jagdish had died due to excessive drinking. After lodging of the first information report, the investigation was conducted and on the basis of material collected during the investigation, late Mst. Kamla and Dhanna Ram were found responsible for causing murder of Jagdish. So the charge-sheet was presented against the accused-appellants. The case was committed to the trial Court and at the trial the accused were charged for offences under section 302 and in the alternative under section 302 read with Section 34 IPC. They pleaded not guilty to the charges and claimed trial. At the trial 16 witnesses were examined by the prosecution. The trial Court discussed the evidence and believing the evidence against both the accused persons convicted and sentenced them as indicated above.;