JUDGMENT

Arun Kumar, J.-The complainant Narendra Nath Khaware filed a Special Leave Petition in this court under Article 136 of the Constitution of India seeking leave to appeal against the judgment dated 6th April, 1993 of the High Court of Judicature at Patna. Leave to appeal was granted by this court vide order dated 4th August, 1994 and the matter was registered as Criminal Appeal No.499 of 1994. The said appeal has come up for final hearing and disposal before this court. At the time of hearing, the learned counsel appearing for the respondents raised a preliminary objection about the maintainability of this appeal. In order to appreciate the objection, brief facts of the case are required to be stated. The respondents were charged for offences under Sections 148 and 302 read with Section 149 IPC. The incident for which these accused were charged is the murder of Diwakar Khaware, son of the complainant Narendra Nath Khaware (appellant) on 13 June, 1982. As per the case of the prosecution, the complainant along with his son Diwakar Khaware (deceased) was getting his maize field weeded through the help of a few labourers on the morning of 13th June, 1982. His real brother Parasna