ANIL KUMAR SRIVASTAVA-II, J.

1. Heard Shri Nagendra Mohan, learned counsel for the appellants, Shri M.Y. Ansari learned A.G.A. And Shri S.S. Rajawat, learned counsel for the complainant.

2. Instant appeal has arisen against the judgment and order dated 04.11.2011 passed by learned Additional Sessions Judge, Court No. 2, Lakhimpur Kheri in Sessions Trial No. 654 of 2006, State v. Sachin alias Dalu Gupta and Amit Sharma whereby accused were convicted and sentenced to imprisonment for life and fine of Rs. 5000/- with default stipulation of two years imprisonment under section 302 IPC. Accused were acquitted for the charges under section 7 of Criminal Law Amendment Act and 3/25/27 of Arms Act.

3. During pendency of the appeal accused Sachin alias Dalu Gupta died, vide letter of Chief Judicial Magistrate Kheri dated 3.7.2015.

4. According to the prosecution version, complainant Ram Guni Verma is mother of the deceased Shyamu Verma. Shyamu Verma was doing business of property dealing. Accused Sachin Gupta alias Dalu was also working with him. They had some dispute over some transaction of money about ten days prior to the date of incident. Sachin Gupta was inimical to the deceased