1. - This is a State appeal Under Section 417, Cr PC (1898) against the judgment of the learned Additional Sessions Judge, Jhalawar acquitting all the four accused-respondents of the charges under Section 302/34 and 307/14, IPC.

2. When the appeal was pending in this Court, the two accused-respondents, Danmal and Kedarlal (2 & 3) expired An application was filed by the learned Advocate for the accused-respondents on 29-12-79, informing this Court about the sad demise of these accused-respondents. As it is an appeal against an acquittal under Section 417, Cr CP 1898, it finally abates under Section 431, Cr P.C. (1898), which corresponds to Section 394(1), Cr C.P. (1973, so far as the accused Danmal and Kedarlal are concerned. We shall, therefore, confine ourselves to the State Appeal so far as the other accused-respondents Chandalal and Bhawani Shankar (1 and 4) are concerned.

3. For the disposal of this State appeal, some facts have to be stated which are as follows. There is a field Almashoer "Jogmandi-wala Khet" situated in village Manohar Thana' District Jhalawar on the banks of river "Kali Khad" measuring about 20 Bighas Litigation was pending for the last about 10-12 ye