Sobhag Mal Jain, J. - (1.) MR . D.K. Purohit, learned Counsel for the accused appellants states that Shri Munshi Ram s/o Moti Lal, appellant has died while he was in jail on 25 -6 -1981 and he has produced a certificate of the Superintendent, Central Jail, Bikaner to this effect which is taken on the record. His appeal, therefore, abates.
(2.) AS regards appeal of the accused, Ram Lal is concerned, learned Counsel for the appellant urges that the accused appellant is in jail since 3 -5 -1980 and the question of sentence may be considered in his appeal. He does not wish to challenge the conviction of the accused appellant. The accused Ramlal has been convicted by the learned Additional Sessions Judge No. 1, Hanumangarh on 28 -4 -1981 in Sessions Case No. 65/80 for the offence under Section 304, Part I, IPC and sentenced to seven years' rigorous imprisonment and a fine of a Rs. 100/ - in default of payment of fine to undergo fifteen day's simple imprisonment. The appellant is in jail since 3 -5 -1980, i.e. more than six years now and considering the facts and circumstances of the case, I am of the view that the sentence already undergone by him will meet the ends of justice.
(3.) ACCORDINGLY , the appeal of the appellant, Ramlal is partly allowed and his conviction under Section 304 Part I, IPC is maintained but the sentence awarded to him is reduced to the already undergone by him. The fine of Rs. 100/ -is however, maintained and in default of payment of the fine to undergo fifteen days' simple imprisonment.;