Arvind K. Tripathi, J.

1. The present criminal appeal with criminal appeal no.68 of 1984 has been preferred against the impugned judgment and order of conviction and sentence dated 7.1.1984 passed by 3rd Additional Sessions Judge, Bulandshahr in S.T. No.462 of 1983 arising out of case crime no.55 of 1983, P.S. Ahamadgarh, District Bulandshahr convicting and sentencing the appellants Waheed Khan and Wahid Khan for two years rigorous imprisonment under section 148 IPC and life imprisonment under section 302 read with section 149 IPC, and convicting and sentencing the accused appellants Latafat, Farukh, Abid, Badiuzzama and Sabir under section 147 IPC for one and half years rigorous imprisonment and under section 302 IPC read with section 149 IPC for life imprisonment.

2. Being aggrieved against the impugned judgment the above noted two criminal appeals were preferred.

3. The present criminal appeal no.97 of 1984 was filed by Waheed Khan S/o Rashid Khan and Wahid Khan S/o Mohammad Ali connected with criminal appeal no.68 of 1984, which was preferred by Latafat, Farook, Abid, Badiuzzama and Sabir.

4. During pendency of appeal Wahid Khan S/o Mohammad Ali, Abid and Badiuzzama died he