- (1.) The challenge in this appeal has been made by appellants Jagdish S/o Tejaram Kalal and Smt. Laxmi W/o Jagdish to the judgment of conviction and order of sentence dated 25.11.2003 passed by the learned Additional District and Sessions Judge (Fast Track), No. 1, Jodhpur in Sessions Case No. 118/2003 by which the learned trial court convicted accused-appellant Jagdish under Section 376, 384 IPC and accused-appellant Smt. Laxmi under Section 376/34, 384 IPC and sentenced them as under :- Name of the Accused-Appellant Offence Sentence Jagdish 376 IPC Ten years rigorous imprisonment alongwith a fine of Rs.2000/- and in default of payment of fine, further to undergo rigorous imprisonment for three months. 384 IPC Three years rigorous imprisonment alongwith a fine of Rs.1000/- and in default of payment of fine, further to undergo rigorous imprisonment for one month.
(2.) Smt. Laxmi 376/34 IPC Ten years rigorous imprisonment alongwith a fine of Rs.2000/- and in default of payment of fine, further to undergo rigorous imprisonment for three months. 384 IPC Three years rigorous imprisonment alongwith a fine of Rs.1000/- and in default of payment of fine, further to undergo rigorous imprisonment for one month.
(3.) During the course of hearing, learned counsel for the appellants submitted that appellant Smt. Laxmi has died on 11.03.2009 and a report in this regard has been submitted by the Office of the Station House Officer, Police Station, Mandore through the learned Public Prosecutor.;