JUDGMENT :

(Pushpendra Singh Bhati, J.) :

1. This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following reliefs :

“It is therefore, respectfully prayed that this appeal may kindly be accepted and accused appellants may be acquitted of all the charges levelled against them.”

2. The matter pertains to an incident which occurred in the year 1987 and the present appeal has been pending since the year 1989.

3. The accused-appellants laid a challenge to the judgment of conviction and order of sentence dated 29.11.1989 passed by the learned Sessions Judge, Merta, in Sessions Case 2/88 (State of Rajasthan Vs. Mansukh & Ors.), whereby the accused-appellants have been convicted for the offence punishable under Sections 302/149, 325/149, 323 & 147 IPC. For the offence punishable under Section 302/149 IPC, the accused appellants have been sentenced for life imprisonment and fine with default clause; whereas, for the offence punishable under Sections 325/149, 323 & 147, the accused-appellants were ordered to be released, while extending them the benefit of Section 4 of the Probation of Offenders Act, 1958.

3.1. The accused-appellants Chandmal, Mansukhram and Babul