( 1 ) THE present appeal has been preferred by the appellants-accused against the judgement and order of conviction and sentence dated 12th December,1995 passed by learned Additional Sessions Judge, Ahmedabad (Rural), Ahmedabad in Sessions Case No. 97 of 1992, whereby the appellants have been convicted and sentenced to undergo life imprisonment for an offence punishable under Section 376 of the Indian Penal Code and ordered to pay fine of Rs. 10,000/-, each, in case of default, further simple imprisonment for 2 years. The appellants have also been convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and each accused to pay fine of Rs. 10,000/-, in case of default, ordered to undergo further simple imprisonment for 2 years. All sentences have been ordered to run concurrently. Against this order of conviction and sentence, the present appeal has been preferred.

( 2 ) LEARNED counsel for the appellants submitted that appellant No. 2 (accused No. 2) has expired on 22nd September,2007 and, hence, this appeal is abated against him.

( 3 ) BRIEF facts of the present case are as under: it is a case of the pr