- (1.) Heard learned counsel for the parties.
(2.) Three appellants, namely, Nahar Singh @ Pappu S/o Bharat Lal, Halkey S/o Heera Lal (now died) and Hariman @ Bablu S/o Halkey, have preferred this appeal under Section 374(2) Cr.P.C. against the impugned judgment and order dated 31.07.2006 passed by the Additional District & Sessions Judge (Fast Track), Hindauncity, District Karauli in Sessions Case No.6/2004(77/2003), whereby they have been convicted and sentenced as under:- Under Section Sentence 148 IPC To undergo two years' rigorous imprisonment and a fine of Rs.200/-, in default of payment of fine to further undergo 15 days' imprisonment. 324/149 IPC To undergo one year's rigorous imprisonment and a fine of Rs.200/-, in default of payment of fine to further undergo 15 days' additional imprisonment. 326/149 IPC To undergo three years' rigorous imprisonment and a fine of Rs.1,000/-, in default of payment of fine to further undergo three months' additional imprisonment. 307/149 IPC To undergo seven years' rigorous imprisonment and a fine of Rs.3,000/-, in default of payment of fine to further undergo six months' additional imprisonment. All the sentences were ordered to run concurrently.
(3.) It is relevant to mention that appellant No.2 Halkey died during pendency of this appeal on 07.08.2008. Learned counsel for appellants has moved an application under Section 394 Cr.P.C. for dismissal of appeal of appellant No.2 Halkey S/o Heera Lal, who has expired on 07.08.2008 as abated. He has also enclosed a copy of his death certificate. This fact of death of appellant Halkey is admitted by learned Public Prosecutor also. In these circumstances, application is allowed. Appeal of appellant No.2 Halkey is dismissed as abated. Amended cause tile, filed with the application, is taken on record. Hence, this appeal remains only on behalf of two appellants, namely, Nahar Singh @ Pappu and Hariman @ Bablu.;