JUDGMENT

Ananda Sen, J.—This criminal appeal has been filed by the appellants, namely, Lal Mohan Singh son of Lakhi Narayan Singh, Jyoti Singh son of Doman Singh, Fani Singh son of Shiv Prasad Singh, and Pati Singh son of Doman Singh, challenging the Judgment of Conviction and Order of Sentence dated 07.12.1995 passed by the Sessions Judge, Bokaro, Camp at Tenughat in Sessions Trial No.205 of 1995 / 50 of 1989 arising out of Kasmar Police Station Case No.72 of 1988, whereby these appellants have been convicted under Sections 302/34 of the Indian Penal Code and thereafter sentenced to undergo imprisonment for life.

2. During the course of argument, it has been brought to the notice of this Court that appellants Nos.1, 2 and 4 (corresponding accused Nos.1, 2 and 3) have died. There is no petition for substitution. Thus, this appeal qua appellants Nos.1, 2 and 4, namely, Lal Mohan Singh, Jyoti Singh and Pati Singh, respectively, stands abated.

3. Informant in this case is Govind Singh. Initially was injured, but later expired. His fardbeyan was recorded in Kasmar State Dispensary, wherein he stated that on 29.08.1988, he was going to Tenughat Court. When he reached near the garden