JUDGMENT :

Farjand Ali, J.

1. The instant appeal has been filed under Section 374(2) of Cr.P.C. against the judgment of conviction and order of sentence dated 08.11.1989 passed by learned Sessions Judge, Jalore in Sessions Case No. 35/1988 whereby the appellants were held guilty for the offence under Section 302/149 IPC and they were sentenced to suffer imprisonment for life and a fine of Rs. 200/-; in default of payment of fine, they were ordered to further undergo one month rigorous imprisonment. In addition, they were also convicted for the offence under Section 148 IPC and were sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 100/-; in default of payment of fine, they were to further undergo one month rigorous imprisonment. Both the sentences were to run concurrently.

2. During the course of appeal, seven out of the 10 appellants have passed away and therefore, the appeal to their extent stands abated by this Court vide orders dated 09.08.1999, 20.07.2015 and 28.07.2016. As per the police report dated 29.07.2022, appellant No.1-Raysa S/o Badra, appellant No.2-Moda S/o Shri Pratapa and appellant No.3-Moda S/o Shri Bhoora survive and are residing in Dhumbdi