THE HON’BLE SRI JUSTICE B.N. RAO NALLA Crl.A.M.P.No. 1417 of 2011 AND CRIMINAL APPEAL No. 1266 OF 2010 J U D G M E N T: This is a petition filed under Section 394 Cr.P.C. seeking to record the death of the appellant/accused and to treat the appeal as abated. Death certificate of the petitioner/appellant/accused was filed and the same was referred to the learned Special Public Prosecutor for verification. That the learned Special Public Prosecutor got the said death certificate verified by Deputy Superintendent of Police, Anti Corruption Bureau, Anantapur Range, and submitted a memo stating that Sri P. Nagappa, S/o Sri Gangulappa, Roddam Village and Mandal, Anantaspur Mandal expired on 11.03.2011 and his death was registered on 15.03.2011 and the certificate was given by Office of Gram Panchayat, Vellamaddi. Though the matter was posted to today for hearing, the learned counsel for the petitioner/appellant/accused is not present, may be that he thought once he was heard and was asked to hand over the death certificate to the learned Special Public Prosecutor for verification, his presence in the Court is not necessary or otherwise, may be due to some personal inconvenience, he is unable to appear before the Court. In any case, since the verification of the death certificate of the petitioner/appellant/accused has been done and the same is stated to be true and correct by the learned Special Public Prosecutor, this Court is inclined to accept the same. In the circumstances, the Petition is allowed and the death of the petitioner/appellant/accused is recorded and Criminal Appeal No. 1266 of 2010 is treated as abated. In the result, the Criminal Appeal is dismissed as abated on the death of the appellant/accused. No costs. ----------------------------- (B.N. RAO NALLA, J) 13th September 2011 ksld