N. N. MATHUR. J.

( 1 ) - This criminal appeal is directed against the judgment dated 22-12-1980 convicting the appellants Karnail Singh Sb Nand Singh, Saheb Singh, Nikshatra Singh, Banta Singh, Sikattar Singh all sons of Karnail Singh, Bhajan Singh, Bachhan Singh, Sikttar Singh, Bhal Singh, Mukhtiar Singh and Darbara Singh of offence under Sections 302/149 I. P. C. and sentenced to imprisonment for life. They have also been convicted for the allied offence as under Sections 307/149, 326/l49and 148 I. P. C. During he pendency of the appeal, the appellants Bhal Singh Mukhtiar Singh and Darbara Singh died. The said fact has been noticed in the order sheet dated 21st January, 1997. Thus, the appeal filed by the said three appellants stands abated.

( 2 ) THE brief facts of the case are that P. W. /1 Jagir Singh lodged the F. I. R. at the Police Station Taiwara Jheel on 4-2-1977 stating inter alia that on 3-2-1977 his nephew alongwith his niece Prakash Kaur had gone to Hanumangarh to meet Milkha Singh who was lodged in sub jail. Both of them returned to their village Talwara Jheel by train. They got down at about 8. 00 p. m. Accused Karnail Singh and his son also travelled with