Prakash Gupta, J.

The instant criminal appeal has been filed by the three appellants, namely; Siya, Baney Singh and Ram Kishan @ Baney Singh @ Leelya who have challenged the impugned judgment of conviction and order of sentence dated 12th September, 1989 passed by the learned Additional Sessions Judge, Dausa Camp Bandikui in Sessions Case No. 4/1989. Vide impugned judgment of conviction and order of sentence, the learned trial judge has convicted all the appellants for offence under Section 302/34 IPC and sentenced them to suffer life imprisonment and to pay fine of Rs. 1,000/- each in default of payment of fine to further undergo two years' rigorous imprisonment.

2. The facts in brief giving rise to this appeal are that on 16th September, 1988, complainant Kanchan (PW.4) submitted oral information at police station Bandikui to the effect that he is resident of Dhani Veerpada, Tan Sabdawali. On 15th September, 1988 at about 10.00, in the night, Kajod S/o Gyarsa by caste Gurjar, resident of Kukarwadi, Ramji Lal s/o Mallaram Gurjar resident of Deopada, Chotya S/o Sharvan Gurjar, resident of Padla and Jai Singh S/o Mangya Gurjar, resident of Kukarwadi came to him and told that his son was lying in the way to Kukarwadi with chopped off hands and legs. He accompanied them and reached at the place where his son was lying. At that time his son was alive. He shook his son Ganga Sahai then his son told that Siya S/o Sultan Meena, Baney Singh S/o Moolya Meena, resident of Dhani Veerpada, Sabdawali and Baney Singh, brother-in-law (Jija) of Siya resident of Kerwada beat him by Barchies and then the injured told to the complainant to lift him as he was to urinate. When he was trying to lift him, the injured died. Both the hands and right leg of Ganga Sahai were chopped of and the same were smeared with blood. Baney Singh and his father Sultan had encroached upon his land. Earlier also, quarrel had taken place. All the three accused killed his son due to land dispute. On the basis of this oral information, FIR No. 154/1988 (Ex.P.6) was registered at Police Station Bandikui for offence under Section 302/34 IPC. After registering the FIR, investigation was started by the police. Site Plan (Ex.R7) and necessary memos were prepared and the dead body was sent for post mortem. The accused were arrested and recoveries of the weapons allegedly used in the crime were made at their instance. After necessary investigation, police filed challan against all the three accused for offence under Section 302/34 IPC in the court of the Magistrate of competent jurisdiction, who in turn committed the case to the trial court for trial.

3. Learned trial court framed charge against all the three accused persons for offence under Section 302/34 IPC. Accused appellants denied the charge and pleaded not guilty.

4. To prove its case, prosecution examined as many as 18 witnesses and got exhibited various documents.

5. In their explanation under Section 313 Cr.PC. accused appellants stated the evidence of the prosecution 'false' and that the clothes allegedly recovered in the case do not belong to them. However, no witness was examined in defence.

Upon conclusion of the trial, the learned trial court holding the accused appellants guilty of offence under Section 302/34 IPC, sentenced all the three accused as mentioned herein above, vide judgment of conviction and order of Sentence dated 12th September, 1989.

6. Hence, the present appeal by the three appellants.

7. It is not out of place to mention here that as per the report dated 19th March, 2010 sent by the Station House Officer, Police Station, Bandikui, District Dausa, accused Ram Kishan @ Baney Singh @ Leelya, appellant No. 3 expired four years back. No application under proviso to Section 394 Cr.PC. has been filed by any of his near relatives within thirty days of the death of the appellant, for leave to continue the appeal. Therefore, the appeal filed on his behalf stands abated.

8. Heard learned counsel for th