(1.) At the outset, it is required to be noted that, during pendency of the appeal, original accused No.3 - Mukeshbhai @ Chuchiyo Gandabhai Vaghari and original accused No.5 - Rasikbhai Ranchhodbhai Patel expired and to that effect the PI, Dhansura Police Station has submitted a report through the learned APP annexing therewith the copy of their death certificates which are ordered to be taken on record. Accordingly, the present appeal stands abated qua original accused No.3 and 5.
(2.) The brief facts leading to the filing of the present appeal are as under:
(3.) We have heard learned APP for the appellant - State and minutely examined oral and documentary evidence adduced and produced before the learned Sessions Court concerned.