Judgment

SHINGHAL, J. - The first two defendants, who lost in the trial court as well as on appeal, came to this Court on a certificate granted by the High Court under Art. 133 (1) of the Constitution as it stood before the Constitution (Thirtieth Amendment) Act, 1972, Jahar Roy, defendant No. 1, died a day after the commencement of the hearing of this appeal. On that date, when we were informed about his death by Mr. Mazumdar who was his Advocate-on-record also, we gave him the option of continuing the arguments so that they may be concluded without any break and file a petition for substitution of the legal representatives of Jahar Roy before the delivery of the judgment, or to resume the hearing of the appeal after the substitution. Mr. Mazumdar was good enough to choose the former course as the substitution of the legal representatives of Jahar Roy was to be a formal affair and nothing special or new was likely to be argued in the appeal on their behalf. We accordingly heard the arguments at length. Later, along with an application for substitution, a prayer was made on behalf of the legal representatives of Jahar Roy for the re-hearing of the appeal. In all fairness, and to avo