JUDGMENT 1. - Instant Criminal Appeal was filed initially by ten appellants namely Devi Singh, Udai Singh, Sohan Singh, Viram Singh, Khim Singh, Kaisar Singh, Rod Singh, Vane Singh, Chattar Singh, Kaisar Singh, all residents of Village-Bori Bera, Tehsil-Kumbhalgarh, District-Udaipur against the Judgment dated 26.3.1991 passed by Additional Sessions Judge, Bali in Sessions Case No. 11/1990 whereby, all the accused-appellants were convicted for offence under Sections 147, 426, 452 and 365 I.P.C. and were punished for one year rigorous imprisonment under Section 365 I.P.C. along with Rs. 100/- fine and in default of payment of fine, to further undergo 15 days rigorous imprisonment. For offence under Section 452 I.P.C., all the accused appellants were punished with sentence of one year rigorous imprisonment along with Rs. 100/- fine and in default of payment of fine to further undergo 15 days rigorous imprisonment. For offence under Section 147 I.P.C., a fine of Rs. 200/- was imposed against them and in default of payment of fine, to undergo sentence for one month rigorous imprisonment and for offence under Section 426 I.P.C., all the accused-appellants were punished with fine of Rs. 200/- and in default of payment of fine, to further undergo one month rigorous imprisonment. 2. In the operative portion of the judgment, it was observed by the Trial Court that out of the amount of fine deposited by the appellants, Rs. 2,000/- may be paid to the complainant Khem Singh further it was ordered that all the sentence shall run concurrently. 3. Learned Counsel for the appellant submits that during pendency of the instant Appeal, accused appellant Khem Singh died, therefore, after obtaining information from concerned Police Station, his Appeal was abated vide Order dated 2.4.1993. 4. It is also submitted that during pendency of this Appeal, another accused Udai Singh also died, therefore, upon information given to this Court, an order was made in this Appeal on 26.9.1994 for obtaining information from the concerned S.H.O., Police Station, Charbhuja and after receiving information, the Appeal of accused appellant Udai Singh was also abated vide Order dated 12.10.1998. It is also pointed out by the Counsel for the appellant that due to death of the appellant Devi Singh, Sohan Singh, Vikram Singh and Kaisar Singh, their Appeal was also abated vide Order dated 20.9.2JD13. 5. It is also pointed out by the Counsel for the appellant that due to death of the appellant Devi Singh, Sohan Singh, Vikram Singh and Kaisar Singh, their Appeal was also abated vide Order dated 20.9.2JD13. 5. In view of above, learned Counsel for the appellant submits that at present only four appellants Rod Singh, Vane Singh, Keshar Singh and Chattar Singh are alive and they are not challenging the finding of conviction given by the Trial Court for offence under Sections 147, 365, 452 and 426 I.P.C. but it is prayed that incident took place on 18.12.1989 and after trial, accused appellants were convicted for offence under Sections 147, 365, 452 and 426 I.P.C. and maximum punishment of one year was inflicted upon them and this Appeal is pending since 1991 therefore, obviously sword of litigation is hanging upon their head from last 26 years. 6. In view of above fact, at this stage, the sentence awarded to the appellants may be reduced to the period already undergone because accused-appellants Rod Singh is 75 years of age, Vane Singh is 60 years of age, Kaisar Singh is 75 years of age and Chattar Singh is more than 55 years of age, therefore, in the interest of justice, at this stage it is not proper to send them behind the bars so as to serve the remaining sentence of one year. 7. Learned Public Prosecutor vehemently opposed the prayer and submits that time consumed in the pendency of this Appeal does not create any ground for the appellants for reducing their sentence; therefore, this Appeal may be dismissed. 8. After hearing learned Counsel for the parties I have considered the facts of the case and find that the alleged incident took place on 18.12.1989 and after Trial learned Additional Sessions Judge, Bali convicted all the ten accused- appellants for offence under Sections 147, 452, 365 and 456 I.P.C. and maximum punishment of one year was imposed against them. As per record, during pendency of this Appeal, six appellants died. 9. In view of above fact, sword of litigation is hanging upon remaining appellants from last 26 years and they have served more than three months sentence, therefore, in the interest of justice, I deem it appropriate to reduce sentence awarded to the accused-appellants from one year of the period already undergone by them. 10. 9. In view of above fact, sword of litigation is hanging upon remaining appellants from last 26 years and they have served more than three months sentence, therefore, in the interest of justice, I deem it appropriate to reduce sentence awarded to the accused-appellants from one year of the period already undergone by them. 10. Consequently, this Appeal is partly allowed and sentence awarded to the accused-appellants Rod Singh, Vane Singh, Kaisar Singh and Chattar Singh for offence under Sections 147, 452, 365 and 456 I.P.C. is hereby reduced to the period already undergone. However, it is ordered that compensation of Rs. 5,000/-shall be deposited by all the four appellants before the Trial Court within a period of two months from the date of receiving certified copy of this order and on depositing the amount, the same may be paid to the complainant.Appeal partly allowed. *******