ORDER

1. These two appeals have been preferred against the judgment of the Division Bench of the Rajasthan High Court. These two appellants were found guilty for the offence punishable under Section 302 IPC. Appeal No. 1258 of 2003 was filed by appellant Mohan Lal and Appeal No. 170 of 2001 is filed by co-accused Devi Singh. We are told that appellant Mohan Lal passed away and Mr Doongar Singh, counsel appearing for him submitted that he died in jail while undergoing imprisonment for life. Counsel for the State also submits that this fact is true. Appeal No. 1258 of 2003 abates and is dismissed.

2. The appellant in Criminal Appeal No. 170 of 2001 along with now deceased Mohan Lal is alleged to have caused the death of one Kesri Mal in the night of 26-6-1976. Mohan Lals sister, Mohini was married to Kesri Mal. It is alleged that Kesri Mal had some extramarital relationships and this was not liked by the appellant Mohan Lal and he with the assistance of the appellant Devi Singh caused the injury on the neck of Kesri Mal, while he was sleeping and he died on the spot. The prosecution case is that Mohan Lal and Devi Singh both went to the house of Kesri Mal during the night and there w