JUDGMENT

1. This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following reliefs:-

"Hence, it is prayed that the appeal may kindly be allowed, conviction passed against the appellants be set-aside and the appellants be ordered to be acquitted of the charge"

2. Although there are conflicting reports about death, but counsel for the appellant Mr. BS Rathore makes a statement at Bar that he has instructions from appellants No.1 & 4 as they are alive. The death of respondents No.2 & 3 is already recorded.

3. Counsel for the appellant submits that the incident is of year 1982 and is about 30 years old. The maximum sentence awarded is of three years’ RI and thus, the appellants be given benefit under Section 4 of the Probation of Offenders Act.

4. The matter pertains to an incident that occurred in the year 1982 and the present appeal has been pending since 1991.

5. Vide impugned judgment dated 30.10.1991 the learned Additional Sessions Judge, No.1, Jodhpur in Sessions Case No.32/85 convicted accused-appellants for the offence under Section 395 IPC and were sentenced to undergo three years’ R.I. and a fine of Rs. 100/- in default of payment of which they further