Manohar Singh And Anr vs State (2025:Rj-Jd:22516)
2025 Latest Caselaw 752 Raj

Rajasthan High Court - Jodhpur

Manohar Singh And Anr vs State (2025:Rj-Jd:22516) on 9 May, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:22516]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Criminal Appeal No. 209/1995

1. Manohar Singh S/of Panney Singh
2. Sher Singh S/o Panney Singh
B/C Rajput, R/o Channa Bhakar, Jodhpur
                                                                      ----Appellant
                                       Versus
State of Rajasthan
                                                                    ----Respondent


For Appellant(s)             :     Mr. Ranjeet Joshi
                                   Mr. Kapil Bissa
For Respondent(s)            :     Mr. S.S. Rathore, P.P.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

09/05/2025

1. The instant appeal is directed against the judgment of

conviction and order of sentence dated 25.04.1995 passed by the

learned Sessions Judge, Jodhpur, whereby the appellants were

convicted for the offence under Section 307 and 323 IPC.

2. At the outset learned counsel for the appellants Shri Ranjeet

joshi contends that appellant No.1 Manohar Singh has passed

away in the year 2010.

3. Learned Public Prosecutor agrees that appellant No.1-

Manohar Singh has passed away and a report along with a death

certificate has been supplied and the same be taken on record.

4. Vide the judgment under assail, the deceased-appellant No.1

Manohar Singh was convicted for the offence under Section 307

[2025:RJ-JD:22516] (2 of 2) [CRLA-209/1995]

IPC and he was sentenced to suffer three years vigorous

imprisonment with a fine of Rs. 2000/- in addition with default.

Since, the appellant has passed away, therefore, the appeal

abates to his extent.

5. As far as question of appellant No.2-Sher Singh is concerned,

the learned trial court hold him guilty under Section 323 IPC and

he was extended the benefit of probation under Section 4 of the

Probation of Offenders Act. The said period has passed away and

no adverse report in this regard is placed on record. The incident

took place in the year 1994, therefore, learned counsel for the

appellant do not press the appeal on the merit of the case.

6. Accordingly, the instant criminal appeal is disposed of as

abated to the extent of appellant No.1-Manohar Singh and

disposed of in respect of appellant No.2-Sher Singh on merits. His

conviction order of sentence is affirmed.

(FARJAND ALI),J 21-Taruna/-

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