JUDGMENT :

SHIV SHANKER PRASAD, J.

1. We have heard Mr. Purshottam Upadhyay, learned Additional Government Advocate for the State-appellant and Mr. Nikhil Kumar, learned Amicus Curiae, for the accused-respondents as well as perused the materials available on trial court’s record.

2. This Government Appeal is directed against the impugned judgment and order dated 30.09.1982, passed by IVth Additional Sessions Judge, Mirzapur in Sessions Trial No. 7 of 1981 (State Vs. Ram Naresh Gupta and others), whereby accused-appellants Ram Naresh Gupta, Basdeo Gupta, Ram Nath Gupta and Madan Gupta have been convicted for the offence under section 323/34 I.P.C. and sentenced to undergo three months rigorous imprisonment alongwith fine of Rs. 150/- each; in default thereof, they have to further undergo 15 days additional imprisonment each. By the impugned judgment, the accused-respondents have been acquitted from the charges under Sections 302, 302/34 I.P.C.

3. During pendency of the instant Government Appeal, accused-respondent nos. 1, 2 and 4, namely, Ram Naresh Gupta, Basdeo Gupta and Madan Gupta have already died, hence the instant Government Appeal at their behest have also been abated by this Co