SHASHI KANT GUPTA, J. - (1.) These two appeals have been preferred against the judgement and order dated 26.5.1981 passed by Sri T. N.Saxena, II Addl. Sessions Judge, Gorakhpur in S.T. No. 112 of 1980, whereby the accused appellant Ram Briksha, who has filed the present Criminal appeal (No.1319 of 1981, Ram Briksha Vs.State), was convicted under section 302 I.P.C. and the other two accused appellants namely, Ram Sewak and Bideshi were acquitted of the charges under sections 302/34 I.P.C. against whom, the present Govt Appeal No. 1916 of 1981, State Vs. Ram Sewak and another has been filed by the State Government .
(2.) The present appeals were filed in the year 1981 against the impugned judgement dated 26.5.1981 and it has come up for hearing before us after the lapse of a period of about 35 years.
(3.) Since during the pendency of the present Govt. Appeal , the accused opposite party no. 1 Ram Sewak died, the Govt. Appeal No.1916 of 1981 stood dismissed as abated against him.;