Heard Sri Ram Yash Pandey, learned AGA for the State, Sri Rishabh Kumar, learned counsel for the respondents-accused and perused the record.

2. This government appeal has been preferred under Section 378 (3) Cr.P.C. by the State of U.P. challenging the validity and correctness of the judgment and order dated 29.3.1985 passed by the learned 2nd Additional Sessions Judge, Farrukhabad in S.T. No. 156 of 1984 (State versus Naimuddin and others) acquitting respondents-accused Naimuddin, Nand Ram, Matadeen and Balakram for an offence punishable under Sections 302/34 and 120-B IPC.

3. During the pendency of appeal respondent nos. 1 and 3, namely, Naimuddin, who was Pradhan of the village and Balakram have died. The appeal against the aforesaid respondents-accused is, therefore, abated.

4. The facts of the case in nut-shell are that on 14.8.83 at about 8.00 P.M. Matadin, Balakram and Nandram came to the house of Jhamman Lal in village Kharepur, P.S. Gursahaiganj District Farrukhabad and demanded immediate payment of the price of milk from his son Chhotey Lal, who expressed his inability to pay the price of the milk immediately. Thereupon, accused Matadin, Balakram and Nandram