Hon’ble Bharat Bhushan, J.—In this appeal sole surviving appellant Rajmani was convicted under Section 302 I.P.C. read with Section 34 I.P.C. and under Section 201 I.P.C. and sentenced to imprisonment for life and three years rigorous imprisonment in each section respectively alongwith deceased Smt. Ganpati and Ram Surat vide judgment and order dated 19.5.1983 passed by the then Sessions Judge, Basti in S.T. No. 116 of 1981 (State v. Smt. Ganpati and others).

2. Appellants Smt. Ganpati and Ram Surat have died therefore, the appeal filed at their instance stand abated.

3. Background facts in nutshell are as follows:

The sole surviving appellant Rajmani alongwith his parents (Smt. Ganpati and Ram Surat) and sister Jhinkani were charged under Section 302 I.P.C. read with Section 34 I.P.C. and 201 I.P.C. on 22.9.1981. It is stated that on 20.2.1981 P.W. 4 Jugun Chaukidar of village Harpur Tola Sunderdas, P.S. Mahuli a resident of village Ratanpura, P.S. Mahuli heard that deceased Smt. Malti wife of Rajmani, appellant had died of burns. He went to the matrimonial home of Smt. Malti at village Harpur Tola Sunderdas but none of charged persons were present at their house. It is st