K.S. Lodha, J. - (1.)The learned Sessions Judge, Udaipur, by his judgment dated 29. 8. 79 convicted the two accused appellants u/s 302 IPC. and sentenced each of them to imprisonment for life and a fine of Rs. 500.00, in default of payment of which, they were further sentenced to undergo six months rigorous imprisonment. They have come up in appeal.
(2.)During the pendency of this appeal, the accused appellant Deva died.
(3.)After hearing the learned counsel for the appellants and the learned Public Prosecutor and having examined the record, we passed the following order on 12. 9. 84:-
"Learned counsel for the accused-appellants stated that Deva accused appellant expired during the pendency of the appeal. Deva was on bail. Learned Public Prosecutor has verified the fact of death of Deva. As such his appeal abates.

Arguments concluded.

We allow the appeal, set aside the order passed by the Sessions Judge, Udaipur dated Aug. 29, 1979; the accused Kushala is acquitted of the charge under section 302 IPC. and his conviction and sentence for the aforesaid offence are set aside. He shall be set free if not required in any other case.

We shall record our reasons later on."