VIJAY KUMAR VYAS, J.

1. Appellant–Sua has died during pendency of this appeal, as such, the appeal to his extent stands abated.

2. The appeal has arisen out of judgment dated 21.3.1985 rendered by learned Sessions Judge, Tonk in Sessions Case No.31/1984, whereby the appellant Kailash for offence u/s 302 IPC and appellant Sua for the offence u/s 302/34 IPC were convicted and each was sentenced to undergo life imprisonment and to deposit Rs.500/- as fine, in default of payment thereof, to further undergo six months' rigorous imprisonment.

3. Brief facts of the case are that Ram Sahay (PW-5) submitted a written report (Ex.P-1) to SHO, Police Station Uniara on 27.9.1984 at about 8.30 PM to the effect that on the very day, his father – Bajranga Jat (deceased) went forest to graze cattle. At about 3.00 PM, Badri (PW-2), Ram Phool (PW- 3) and Bhairu Lal (PW-4) brought his father in unconscious condition on a bullock cart. Ram Sahai (PW-5) was also with them. Badri told him that on entering the cattle in agricultural field of Sua, at about 2.00 PM, Sua and Kailash gave his father – Bajaranga a severe beating with sticks. Kailash also strangulated neck of the deceased with his two ha