This is an appeal filed under section 417 (3) of the Code of Criminal Procedure. In the trial Court the appellant herein prosecuted the respondents for theft, in that they cut away the crops on the land which was said to be in the possession of the complainant. The lower Court found that the complainant’s possession has not been established beyond all reasonable doubt and, therefore, acquitted the accused of the offence of theft. Against that acquittal the complainant preferred under section 417 (3), Criminal Procedure Code, this appeal. Leave of the Court has been granted and the appeal has been admitted. After admission of this appeal and before its hearing the appellant died. The question is whether the appeal abates under section 431, Criminal Procedure Code.

Section 431, Criminal Procedure Code, is as follows:

“Every appeal under section 411-A, sub-section (2), or section 417, shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.”

This is an appeal under section 417, Criminal Procedure Code. Under the terms of section 431, Criminal Procedure C