(1) THIS appeal would have to be allowed on the strength of the decision of this COUrt in Joseph Kurian Philip Jose v. State of Kerala, (1994) 6 SCC 535 : (1994 AIR SCW 3989 : AIR 1995 SC 4 : 1995 Cri LJ 502), wherein the following statement of law has been made: "Section 109,Indian Penal Code is by itself an offence though punishable in the context of other offences. A-4 suffered a trial for substantive offences under the Indian Penal Code and Abkari Act. When his direct involvement in these crimes can not be established, it is difficult to uphold the view of the High COUrt that he COUld lopsidedly be taken to have answered the charge of abetment and convicted on that basis. There would, as is plain, be serious miscarriage of justice to the accused in causing great prejudice to his defence. The roles of the perpetrator and abettor of the crime are distinct, standing apart from each other."

(2) OUT of the two appellants before us, Guru Charan Yadav, the main accused has since died. His appeal therefore abates and is disposed of as such. The other Wakil Yadav was originally charged along with 6 others for offence under Section 302/149,Indian Penal Code and for some l