JUDGMENT :

A.M.Bujor Barua, J.

Heard Mr. D Talukdar, learned counsel for the applicant/appellant, Ms. B Bhuyan, learned Additional Public Prosecutor for the State of Assam and Mr. A Ganguly, learned counsel for the accused respondents No. 1 to 7 in Crl.A. No. 350/2018 arising out of Sessions T(1) Case No. 138(N)/2003 in the Court of the learned Additional District and Sessions Judge, Nagaon.

2. On being acquitted by the judgment dated 16.02.2016 in the aforesaid Sessions Case, the accompanying Criminal Appeal No. 350/2018 has been instituted by Md. Abul Hussain under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (in short CrPC) by virtue of being the victim in the occurrence that had taken place. The appeal was admitted by the order dated 10.12.2018. In the meantime, the respondents No. 1 to 7 had been duly served and Mr. A Ganguly, learned counsel appears for them.

3. During the pendency of Criminal Appeal No. 350/2018, the appellant Md. Abul Hussain died on 30.07.2021. On his death, the instant interlocutory application has been instituted for allowing the applicant Amradul Hussain to further pursue with the Criminal Appeal No. 350/2018.

4. Mr. A Ganguly, learned