1. - Instant appeal was filed by the State of Rajasthan under Section 378(3)(i), Cr.P.C. against the judgment dated 1.12.1987 passed by the Addl. Sessions Judge No. 1, Udaipur by which the said Court acquitted all the accused-respondents from the charges levelled against them under Sections 302, 302/34 and 324 I.P.C. in Criminal Case No. 43/1986.

2. During the pendency of this appeal, respondent Durga Dan died, therefore, an order was passed on 12.7.2013 dismissing the State appeal as against deceased respondent Durga Dan as having abated.

3. Facts of the case indicate that an F.I.R. Was registered on 14.5.1986 at 11.00 A M. at Police Station Gagunda in which complainant Hukmidan alleged that his brother Premdan S/o Shambho Dan was coming from his agriculture field and, in between the way, Jabbar Singh, Bhanwar Singh and Durga Dan inflicted injuries with lathi and knife and due to injuries received by him upon his head and above right side of the eye he cried. Upon intervention by the complainant and one Fateh Dan, the assailants ran away from the place of the occurrence. This incident occurred due to enmity in between the parties with regard to partition of the land situate