ORDER

1. Respondent 1 is stated to have died. Accordingly, the appeal abates against him.

2. This appeal is directed against an order of acquittal passed by the High Court of Patna. The two respondents were convicted under Sections 302/34 IPC and were sentenced to undergo imprisonment for life by the learned Sessions Judge, Saharsa (Camp at Madhipura) on a finding that on 7-3-1973 at about 12 noon they murdered Surya Narain Yadav by shooting arrows at him. The learned Sessions Judge relied upon the dying declaration of the deceased recorded by the Magistrate (PW 5) in the presence of the doctor (PW 18) as well as on the evidence of PWs 6 and 8, who were alleged to have been following the deceased at the fateful time.

3. On appeal, the High Court did not rely upon the evidence of the aforesaid two witnesses, PWs 6 and 8 and came to the conclusion that the dying declaration itself cannot be said to be such a compelling piece of evidence so as to be sufficient to convict the accused persons of the charges levelled against them. In this Court, the accused-respondents were being represented by Mr. Parmanand Gaur, the learned counsel. But when the matter was called yesterday the counsel was