BHAGWAN SINGH ALIAS BABU Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal, preferred by the appellant u/s. 374 (2) of the code of Criminal Procedure, 1973 (hereinafter to be referred as Cr. P. C.), is directed against the judgment and order dated 27-6-1991 passed by IInd Additional Sessions judge, Dehradun in Sessions Trial No. 69 of 1989, State v. Bhagwan Singh and three others, whereby the learned IInd Additional sessions Judge has convicted the appellants/accused, namely, Bhagwan Singh alias Babu, Ram Chander, Laxman Singh and Ashok for the offence punishable un-der Section 304 Part I read with Section 34 of the Indian Penal Code, 1860 (hereinafter to be referred as IPC) and were sentenced to undergo ten years' rigorous imprisonment. All the accused persons were further convicted u/s. 323 r/w Section 34 IPC and were sentenced to one year's R. I. It was also directed that both the sentences of the appellants /accused were run concurrently.

(2.) I have heard Sri R. S. Sammal, learned counsel for the appellants as well as Sri M. A. Khan, learned brief holder for the State and perused the entire material available on record.

(3.) DURING the pendency of the appeal the accused/appellant Bhagwan Singh alias babu was reported to be died. In this regard, Chief Judicial Magistrate, Dehradun submitted a report dated 19-8-2008 annexing therewith a Death Certificate of accused/ appellant Bhagwan Singh alias Babu and has submitted that the accused /appellant has died on 28-8-2006. Hence, the appeal preferred by the accused/appellant bhagwan Singh alias Babu stands abated.