-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T Malkiyat Singh and Ors. Vs. State of Rajasthan (D.B. CRIMINAL APPEAL NO.98/1984) D.B. Criminal Appeal under Section 374 Cr.P.C. against the judgment dated 27.2.1984 passed by the Additional Sessions Judge, Raisinghnagar in Sessions Case No.75/1982. *** Date of Judgment :: 13.2.2008 P R E S E N T HON'BLE MR.JUSTICE PRAKASH TATIA HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Anand Purohit, for the appellants. Mr. Vishnu Kachhawaha, Public Prosecutor BY THE COURT (PER HON'BLE MR.B.KHAN J.) : 1. This appeal has been preferred by accused- appellants Malkiyat Singh, Jeet Singh and Mukhtiar Singh against the judgment dated 27.2.1984 passed by the Additional Sessions Judge, Raisinghnagar in Sessions Case No.75/1982 whereby the accused- appellant Malkiyat Singh was convicted under Section -2- 302 I.P.C. and was sentenced to undergo life imprisonment and to pay a fine of Rs.2000/-; in default of payment of fine to further undergo 3 years rigorous imprisonment and for offence under Section 324 I.P.C. and was also convicted and sentenced to undergo 1 year rigorous imprisonment. The accused- appellant Jeet Singh was convicted under Section 324 I.P.C. and was sentenced to undergo 1 year rigorous imprisonment and to pay a fine of Rs.1000/-; in default of payment of fine to further undergo 3 months rigorous imprisonment. The accused-appellant Mukhtiar Singh was convicted under Section 323 I.P.C., but was released on probation under Section 4 of the Probation of Offenders Act for a period of 1 year to maintain peace and good character. 2. Shorn of all necessary details, it is sufficient to mention that the main accused Malkiyat Singh, during the pendency of the appeal, expired on 20.12.99. The appeal preferred by accused Malkiyat Singh stands abated. 3. The learned counsel for the accused- appellants pleaded that the incident occurred in the year 1982 and accused Jeet Singh has only been sentenced for one year rigorous imprisonment with a fine of Rs.1,000/-, out of which he has already remained in jail for about 3 moths, so the learned counsel prayed to enlarge the accused for the period -3- already undergone the sentence. He has not pressed the appeal preferred by accused Mukhtiyar Singh, who has been convicted under Section 323 I.P.C. has already been enlarged on probation. 4. From perusal of the record, it is found that accused Jeet Singh was initially arrested on 19.7.1982 and was enlarged on bail on 15.10.1982, till then he remained in custody. It is alleged that this accused inflicted a kasiya blow on the left elbow of Trilochan Singh. This is the only injury attributed to this accused. The doctor PW-1 Kailash Markandeya has stated about this injury to be a fracture. No other injury has been attributed by this accused to any other person. The accused had remained in jail for 2 months and 26 days, so it will be not appropriate now to send the accused behind the bar after such a long lapse of time. It will be proper that the accused be sentenced to the period already undergone. To this extent this appeal deserves to be accepted. 5. Resultantly, the appeal preferred by main accused Malkiyat Singh stands abated because of his death. The appeal preferred by accused-appellant Jeet Singh is partly allowed while maintaining the conviction under Section 324 I.P.C. and his sentence is reduced to the period already undergone by him which comes out to be 2 months and 26 days. The sentence of fine is maintained. The learned trial -4- court will recover the fine if not already recovered. The appeal preferred by accused-appellant Mukhtiar Singh is dismissed as not pressed. (BHANWAROO KHAN) J. (PRAKASH TATIA) J. RM/-