Kaushal Jayendra Thaker, J. - (1.) By way of this appeal, the State has felt aggrieved by the acquittal of four accused who were tried in Sessions Trial No. 37 of 1994 for commission of offence under Section 306 of the I.P.C.
(2.) During the pendency of this appeal, out of the four, except Mani Ram (petitioner no. 1), the husband of the deceased, all have passed away, therefore, the appeal stands abated qua them.
(3.) The learned Counsel for the State has submitted that the Trial Court has committed manifest error as the marriage took place only before three years of the incident. The death occurred during that period, and, therefore, the presumption under Section 304 ought to have been raised by the Trial Court. Further, Mani Ram was in habit of divorcing his wives, she was her third wife.;