ORDER :

1. This criminal appeal under Section 378 (3) & (1) of the Cr.P.C. has been preferred by the appellant-State laid a challenge to the judgment of acquittal dated 16.01.1999, passed by the learned Additional Sessions Judge Parbatsar in Sessions Case No.4/1998 (State of Rajasthan Vs. Sukhdevram & Ors), whereby the accused respondents were acquitted for the offence under Sections 302 & 120B of the Indian Penal Code.

2. The matter pertains to an incident which occurred in the year 1986 and the present appeal has been pending since the year 1999.

3. At the outset, Mr. G.R. Punia, learned Senior Counsel assisted by Mr. Sanjay Rewar, appearing on behalf of the accused-respondents, submits that accused-respondent no.1-Sukhdev and accused-respondent no.2-Bhanwarlal had already expired.

3.1. In this view of the matter, the instant appeal qua deceased accused-respondent No.1-Sukhdev and deceased accused-respondent No.2-Bhanwarlal stands abated. Thus, now this appeal is surviving only qua accused-respondent No.3-Bhagirath, and the same is adjudicated only to the extent of the surviving accused-respondent-Bhagirath.

4. Brief facts of the case, as placed before this Court by the learned GA-cu