K.S. Jhaveri, J.

1. When the appeal was taken up for hearing, learned counsel Ms. Sadhana Sagar appearing on behalf of appellants, original accused No. 1 & 2, stated that original accused No. 2 passed away during the pendency of this appeal and therefore, appropriate orders regarding abatement of the appeal qua original accused No. 2 may be passed. In view of the above statement, the present appeal stands abated qua appellant No. 2, original accused No. 2, who has passed away.

2. This appeal is directed against the judgment and order passed by the learned Sessions Judge, Narmada at Rajpipla in Sessions Case No. 06 of 2011 dated 30.04.2011 whereby, the appellants, original accused No. 1 & 2, were convicted for the offences punishable u/s. 302 r/w. Section 114 IPC. Over and above, original accused No. 1 was also convicted for the offence u/s. 135 of Bombay Police Act.

For conviction u/s. 302 r/w. Section 114 IPC, original accused No. 1 was sentenced to undergo RI for life and fine of Rs. 5000/- and in default, RI for six months; and, for conviction u/s. 135 B.P. Act, he wa