JUDGMENT

G.S. Ahluwalia J. - This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 11-8-2010 passed by Additional Sessions Judge, Pichhore, Distt. Shivpuri in S.T. No. 269 of 2009, by which the appellant Gopal has been convicted under Section 302/34 of I.P.C. and has been sentenced to undergo the Life Imprisonment and fine of Rs. 500/- in default 3 months R.I.

2. It is not out of place to mention here that a report dated 9-8- 2021 has been received from the office of Superintendent, Central Jail, Gwalior that the Appellant No.2 Amar Singh has expired on 27- 11-2020. Even the Appellant No.1 Gopal was granted interim bail by order dated 27-11-2020 to perform last rites of Appellant No.2 Amar Singh. Accordingly, by order dated 17-1-2022, the appeal filed by Appellant No.2 Amar Singh has been dismissed as abated.

3. According to the prosecution case, on 1-8-2009, a telephonic message was received by S.H.O., Police Station Khaniyadhana, that Jagdish has been killed by Appellants Gopal and Amar Singh by assaulting him by Lathi. Accordingly, the said information was recorded in the Rojnamchasanha and police party went to the spot.

4. Dehati N