PANKAJ BHANDARI,J. - (1.) Appellant has preferred this appeal aggrieved by judgment dated 27.07.1989 passed by Additional Sessions Judge, Dholpur, whereby the appellant and three other co-accused were convicted under Section 304-II IPC and were sentenced to seven years rigorous imprisonment and a fine of Rs. 5,000/- in default of payment of fine to further suffer one year's rigorous imprisonment.
(2.) It is contended by counsel for the appellant that the appeal filed by Sukha, Beniram and Karua has abated due to demise of the accused appellants vide order dated 28.04.2017 in Criminal Appeal No. 256/1989.
(3.) Briefly stated the facts of the case are that FIR Ex. P-2 was lodged by Sahib Singh, brother of Hari Singh on 31.10.1987. It was mentioned in the FIR that on 30.10.2017 at around 08:00 pm Hari Singh and his wife were at their residence, Sukha entered the house and ran away with the radio belonging to Hari Singh. Hari Singh chased Sukha Singh and caught him at Village Sikroda. In the FIR it is alleged that at Village Sikroda persons known to Sukha that is Kinder Singh, Kalicharan and Bediram and Karua gave lathi blows to Hari Singh and he succumbed to the injuries.;