(1) This criminal appeal is filed by the Complainants 1 and 2 as Appellants 1 and 2 against order of acquittal of the Respondents 1 to 3/A-1 to A-3 recorded by XVII Metropolitan Magistrate, Hyderabad in C.C. No.732 of 2003 vide judgement dated 26-04-2005. When this Appeal has been pending in this Court, the first complainant/first appellant died on 19-12-2007; therefore, Crl.A.M.P. (S.R.) No.28256 of 2011 is filed for impleading the Petitioners 3 to 6 therein who are her husband and children, as her legal representatives (L.Rs). Crl.A.M.P. No.1431 of 2011 is filed by them for condoning the delay of 1318 days in filing the L.R. Petition. These petitions are opposed by the respondents/accused.

(2) L.Rs of the deceased first appellant were sought to be brought on record under Section 394 (2) Cr.P.C. Section 394 reads as follows :

“394. Abatement of appeals – (1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused.

(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.

Provided that where the appeal is against a conviction and sentence of death or of im