This criminal ap peal has been preferred against the judg ment and order dated 12-8-1983 passed by Second Additional Sessions Judge, Lak-himpur Kheri in ST. No. 116 of 1983. Slate v. Sabir Shah and another by which the appellants were convicted under Sec tions 366, 376 and 341. IPC and each appellant was sentenced to undergo rigor ous imprisonment for three years under Section 366, IPC, to undergo rigorous im prisonment for five years under Section 376, IPC and to undergo simple impris onment for one month under Section 341. IPC and it was ordered that the sentences of the appellants would run concurrently.

2. The appellant No. 1 Sabir Shah died during the pendency of this appeal and, therefore, this criminal appeal was abated against him on 3-4-1997,

3. The case of the prosecution as dis closed in the written report Ex. Ka-1 lodged by Sri Mohan Rain PW- 4 in Chan-dan Chowki of police station Palia, district Kheri on 23-10-1982 at 2. 00 p. m. is as follows;

4. Mohan Ram PW-4 is the resident of village Surma. On the last Sunday which was on 18-10-1982 Mohan Ram, his brother Khushi Ram and Smt. Ram Beti, wife of Khushi Ram had gone to forest for cutting Munj at about 4