Honble GUPTA, J.–Through this appeal, appellants Lakhu Singh, Doongar Singh, Udai Singh, Khet Singh, Chand Singh, Ishwar Singh, Panney Singh Asu Singh and Shaitan Singh have challenged the judgment of the learned Sessions Judge, Bikaner dated 23.1.78 whereby he convicted and sentenced them as follows :

(i) U/Sec. 148 IPC : One year R.I.

(ii) U/Sec. 302/149 IPC : Imprisonment for life and a fine of Rs. 100; in default, two months rigorous imprisonment.

(iii) U/Sec. 307/149 IPC : 7 years R.I.and a fine of Rs. 50/- in default, one months R.I.

(iv) Doongar Singh was also convicted under Sec. 325 IPC and senten- ced to rigorous imprisonment for two years and accused Udai Singh was also convicted under Sec. 323 IPC and was sentenced to six months rigorous imprisonment.

All the sentences were ordered to run concurrently.

(2). Appellants Chand Singh and Panney Singh have expired during the pen- dency of appeal, and therefore, their appeal stands abated.

(3). The facts of the case may be put in narrow compass. On 10.8.75 at 2 am. Amra Ram (PW 3) approached Shri Jeev Raj Singh (PW 11) Dy. S.P. Bikaner and informed him that his father Moola Ram has been murdered and his mother and brother have been

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