( 1 ) THE appellants namely Sudru, Hari and Sukru have preferred this appeal under Section 374 (2) of the Cr. P. C. questioning the legality and correctness of the judgment of conviction and order of sentence dated 30th October 1998 passed by 1 Additional Sessions judge, Bastar, Distt:-Jagdalpur in S. T. No. 462/93 whereby the learned Additional Sessions judge after holding each of the accused/appellants guilty under Sections 302/34, 307/34 and 506 of the Indian Penal Code, sentenced each of them to undergo imprisonment for life, to pay a fine of Rs. 200/- in default thereof to further undergo R. I. for one month, to undergo R. I. for seven years and to pay a fine of Rs. 200/-, in default thereof to further undergo R. I. for one month and to undergo R. I. for one year, respectively. All the sentences are directed to run concurrently.

( 2 ) DURING the pendency of this appeal as communicated by learned counsel for the State vide written communication dated 26. 2. 2007, accused/appellant Sudru had expired on 20th march 2000 while undergoing sentence in the central Jail, Jagdalpur as per information received from Central Jail, Jagdalpur.

( 3 ) SINCE no application has been filed by legal heirs of accused/appellant Sudru for prosecuting this appeal, the appeal of accused/appellant sudru stands abated.

( 4 ) CASE of the prosecution in nutshell necessary for disposal of this appeal is that pw-1 Jagarnath lodged the First Information report (Ex. P/1) on 15. 6. 1993 in Police station - Frezpur to the effect that today in the morning his maternal grand-father Thothi, maternal uncle Baldev, servants Natthu, budhram and Budru were constructing wall, at about 10. 00 a. m. Sudru, Hari and Sukru came together from their house and they caught their maternal grand-father and maternal uncle, took them near the house of sukru. Thereafter, Sudru attacked his maternal uncle Baldev with sword on his left shoulder, as a result of which Baldev fell down, Sukru attacked Thothi with axe on his neck, stomach and hand and Hari assaulted with lathi, as a result of which Thothi also fell down on the ground. When he reached to intervene, Hari chased him to assault with lathi, on which he rushed to his house. After sometime all the three accused left and thereafter he along with mahavir and Sona etc. took Baldev and Thothi to their house where Thothi died whereas baldev was taken to the Maharani Hospital, jagdalpur. Merg intimation Ex. P/22 was registered. Receiving this report by PW-1 jagarnath, S. H. O. Police Station Frezpur registered the crime under Sections 302/34, 506-B and 307/34 of the IPC and left for the scene of occurrence, prepared the site plan (Ex. P/2) and memo of Ex. P/2-A. Plain and bloodstained soil was taken into possession under Ex. P/3. Clothes of the deceased Thothi were taken into possession under Ex. P/4. Bloodstained Sando baniyan and bloodstained lungi of the accused Sukru were taken into possession under Ex. P/5. Memorandum (Ex. P/10)of accused Sukru was recorded, in pursuance of which one bloodstained axe was taken into possession under Ex. P/6. Memorandum (Ex. P/11)of accused Hari was recorded, pursuant to that one bloodstained lathi was recovered under Ex. P/7. Memorandum (Ex. P/12)of accused Sudru was recorded, in pursuance thereof one bloodstained sword was seized under Ex. P. 13. Two bloodstained lungi of accused Hari were recovered under ex. P/8. One bloodstained lungi and one sando baniyan of accused Sudru were recovered under ex. P/9. Dead body of Thothi was sent for postmortem examination to Maharani Hospital, jagdalpur where Dr. Rambilas Gupta (PW-8)conducted post-mortem on the body of deceased Thothi and prepared the post-mortem report Ex. P/14. The doctor opined that cause of death is neurogenic shock resulting into syncope due to injuries of spinal cord. Inquest (Ex. P/19) on the body of deceased Thothi was prepared. Site plan (Ex. P/28) was prepared. Baldev remained in the hospital and papers regard