JUDGMENT :

Bhaskar Bhattacharya, J.

This appeal is at the instance of three convicted persons and is directed against the order of conviction and the consequent sentence dated 20th August 2009 passed by the learned Additional Sessions Judge & Presiding Officer, Fast Tract Court No.3, Ahmedabad (Rural) District, Mirzapur, Ahmedabad in Sessions Case No. 69 of 2008 thereby convicting all the three accused persons for the offence punishable under section 302, 294(b) read with Section 114 of the Indian Penal Code and sentencing them to suffer life imprisonment and a fine of Rs.3000/- each with a stipulation that in default of payment of the fine, they would undergo simple imprisonment for further 30 days.

2. During the pendency of the appeal, appellant-accused No.2, viz. Laxmanji Shivaji Thakor, died on 8th April 2012. Thus, the appeal insofar as it relates to appellant-accused No.2, Laxmanji Shivaji Thakor stands abated.

3. On 17th February 2008, Takhaji Ramtuji Thakor filed a complaint before the Police Station Officer, Sanand alleging that the accused persons killed his brother, Kars