JUDGMENT

Arijit Pasayat, J. — An interesting question as to what is the effect of the death of the complainant arises for consideration in this case. When the matter was listed for hearing, learned counsel for the appellants submitted that the respondent no.1, who was the complainant has died and, therefore, the proceedings initiated on the basis of said complainant do not survive. Learned counsel for the legal heirs of the complainant submitted that they propose to continue the proceedings and file an appropriate application thereof.

2. A brief reference to the factual aspects would suffice:

Shri Venkat @ Babru (hereinafter referred to as the complainant) filed a private complaint bearing No.R.Crl.C No. 107 of 1994 on 7.9.1994 against the appellant and four others in the Court of Judicial Magistrate, 1st Class, Sailu, District Parbhani alleging commission of offence punishable under Section 500 read with Section 34 of the Indian Penal Code, 1860 (in short IPC). Subsequently, the complaint against the three reporters was withdrawn and proceedings are continuing against the appellants i.e. the Editor, Printer and Publisher of a newspaper "Dainik Samna". The allegation in the complaint