JUDGMENT :

V.K. Birla, J.

1. This appeal has been filed against the order dated 7.7.2012 passed by the Additional Sessions Judge, Court No. 5, Hathras acquitting the respondent nos. 2 and 3 in Session Trial No. 81 of 2002 (State vs. Bhoop Singh and others) arising out of Case Crime No. 185 of 1994, under Sections 302/34 IPC, Police Station Sadabad, District Hathras.

2. Present appeal has been filed under Section 372 Cr.P.C. with an application to grant leave to appeal, which according to the judgment of Hon’ble Apex Court is not required for the purpose of filing appeal against acquittal by the victim under Section 372 Cr.P.C.

3. On 31.5.2017, as learned counsel for the appellant had been elevated as Judge of this Court (since retired), notice was issued to the appellant-Prithvi Singh through Chief Judicial Magistrate, Hathras to engage another counsel returnable within four weeks. The compliance report dated 26.6.2017 submitted by the CJM, Hathras and the office report dated 25.7.2017 indicates that the appellant is dead. His death certificate issued on 9.6.2017 indicating that he died on 1.12.2015 has also been annexed with the compliance report.

4. No one has come forward to claim th