JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. K. Sarma, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor and Mr. A. Hussain, learned counsel for the accused respondent.

2. We have requested Mr. N. Dutta, learned senior counsel for having his view as to whether on his death, the victim appellant on whose behalf the present appeal has been admitted, can be substituted by his wife for the purpose of carrying forward the appeal.

3. This interlocutory application has been preferred by Smti. Malaya Das, wife of late Dhirendra Nath Das inter alia praying that the applicant be substituted/impleaded as the appellant in the accompanying Criminal Appeal 97/2017, in a situation where in exercise of the powers under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) late Dhirendra Nath Das had preferred the appeal against the acquittal of the accused respondent by the judgment and order dated 10.02.2016 of the learned Additional Sessions Judge, Bajali, Pathsala in Sessions Case No. 185/2015.

4. Mr. A. Hussain, learned counsel for the accused respondents has raised an objection that there being no provision fo