D.N.JOSHI,J. - (1.) THE instant revision petition has been filed against the judgment of the learned Sessions Judge, Sirohi passed on 7th October. 1991 in Sessions case No. 92/84 (81/83), whereby each petitioner has been convicted Under Section 176 I.P.C. and sentenced to 25 days simple imprisonment.
(2.) IT was intimated to the Court by the learned Counsel for the revisionist -petitioners that petitioners Manaram and Ganeshram have died and the photo -stat copies attested by the Notary Public of the death certificates issued by the Registrar, Birth and Death Registration, Gram Panchayat, Peethapura have been placed before the Court. Peethapura. As per certificates, Mana Ram and Ganesha Ram died on 10th December. 1996 and Ganesha Ram died on 2nd July, 1997 respectively. There is no reason to disbelieve the certificates issued by the competent authority and therefore, the proceedings as far as against Manaram and Ganesharam are concerned, are being abated. The Court has to decide the case with reference to the revisionist -petitioner Bheema only. It was argued by the learned Counsel for the revisionist -petitioner that prosecution has not proved the Intentional omission to inform the public servant about the unnatural death of Mst. Panchu. It was further argued that accused Bheema was acquitted by the learned Sessions Judge in Sessions Case No. 42/84 'State v. Bheema' of the charges Under Sections 302 and 204 I.P.C., which were related to the same occurrence. It was further argued that being an accused, the revisionist -petitioner Bheema was not legally bound to inform about the said unnatural death.
(3.) THE learned Counsel for the revisionist -petitioner relied upon the following decisions: (1) Dora Singh v. Emperor AIR 1933 Lahore P. 515 (2) Bhagwatara v. Emperor AIR 1926 Nagpur P. 217 (3) I.L.R 1976 (2) Calcutta P. 1334 (4) 1954 Cr. L.J. at page 1466. The learned Public Prosecutor has supported the judgment of the learned trial Court.;