ABHILASHA KUMARI, J.

1. The appellant State of Gujarat has preferred Criminal Appeal No.894 of 1995 under Section 378 of the Code of Criminal Procedure, 1973 (“the Code”) against the judgment and order dated 10.05.1995, passed by the learned Sessions Judge, Bhavnagar, in Sessions Case No.256/1994, whereby all five respondents, original accused, have been acquitted of the charge for the offences punishable under Section 302, 147, 148, 149, read with Section 34 of the Indian Penal Code, 1860 (“IPC”) and Section 135 of the Gujarat Police Act, 1951.

2. Criminal Revision Application No.250 of 1995 has been preferred by the original complainant against the above referred judgment of the Sessions Court.

3. Respondent original accused No.5 Budha Rajabhai Rabari died on 15.08.2006. This fact has been recorded in the order dated 19.10.2015, passed by this Court and the appeal qua the said respondent stands abated. A copy of the Death Certificate of respondent No.5 is on record.

4. It further appears that the learned advocate for the revision petitioner – original complainant, has also passed away. Therefore, Notice was issued to the revision petitioner, which has been served. However,