ORDER : A.M. Ahmadi, J. It appears that this appeal has become infructuous. The appellant was convicted under Section 304 by the trial court. He challenged his conviction in an appeal taken to the High Court. The State felt aggrieved by his acquittal under Section 302 and, therefore, it too carried the matter in appeal to the High Court. So far as the States appeal is concerned, there was a difference of opinion between two learned Judges of the High Court who heard the appeal and hence the matter was referred to a third learned Judge, who accepted the States appeal and convicted the appellant under Section 302 Indian Penal Code. Simultaneously, the appellants appeal against his conviction under Section 304, Indian Penal Code, was dismissed as having become infructuous. The appellant preferred two separate appeals, one against his conviction under Section 302 Indian Penal Code, and the second against the dismissal of his appeal challenging his conviction under Section 304 Indian Penal Code. His appeal against his conviction under Section 302, Indian Penal Code, however, came to be dismissed for non-prosecution by this Court and, therefore, his conviction under Section 302 became final. In that view of the matter, his appeal against the conviction under Section 304 Indian Penal Code, does not survive. 2. We, therefore, dismiss the appeal as having become infructuous. Appeal dismissed.