Judgment

Y.K. Sabharwal, J.—Respondents 1 and 2 in this appeal who are brothers were convicted by the Session Court for the offence under Sections 452, 307 read with Section 34 and Section 302 read with Section 34 IPC. Their father, respondent no.3, was also convicted for offence under Sections 452, 307 and Section 302 read with Section 34 IPC. Their conviction and consequently the sentence that had been imposed on them by the Sessions Court was set aside in appeal by the High Court in terms of the impugned judgment. The State is in appeal to this Court on grant of leave. During the pendency of the appeal, respondent no.3, Devi Das died. The appeal thus abates against him.

2. The prosecution case in brief is that respondents 1 and 2, their father and another person entered the house of Raghubir (PW3) at about midnight of 15th -16th January. 1977 while he was sleeping with his wife and children. After removing the quilt, the respondents held fast PW3 and he was hit on the head with the butt of the country-made pistol. When Budh Wati @ Ved Wati, wife of PW3, came to save him, she was also assaulted with butt of the pistol. On hearing their cries, Mathuri (PW4) and Balwant, living in