{1} S.B.CRIM. APPEAL NO.144/1987 RAGHUNATH SINGH Vs. STATE IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT S.B. CRIMINAL APPEAL NO.144/1987 RAGHUNATH SINGH Vs. STATE OF RAJASTHAN DATE :: 23.12.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Deepak Soni for Mr. Praveen Balwada, for accused-appellant. Mr. J.R. Bijarnia, Public Prosecutor for the State. **** This appeal was listed for hearing on 18.08.2009. Learned counsel for appellant submitted that appellant is 92 years old but he is not aware whether appellant is still alive or not. This Court directed the SHO, Police Station Deeg, District Bharatpur to inform this Court whether appellant is alive or not. 2. SHO, Police Station Deeg, vide his report dated 24.08.2009, informed that appellant is alive, he is about 90 years of age, he is confined to bed and is not in a position to move. He has also enclosed a copy of medical certificate issued by the Medical Officer, Primary Health Centre, Sinsini dated 24.08.2009. Thereafter, hearing of appeal {2} S.B.CRIM. APPEAL NO.144/1987 RAGHUNATH SINGH Vs. STATE could not take place for last more than one year and three months. 3. Today, learned counsel for appellant has moved an application under Section 394 Cr.P.C. stating therein that he has received a telephonic message that appellant has died, therefore, appeal be dismissed as abated. 4. Copy of application was supplied to learned Public Prosecutor, who was directed to confirm this fact from the concerned Police Station. 5. Learned Public Prosecutor submits that he contacted a Duty Officer, Police Station Deeg on Mobile No.94629-29139, who after inquiry, has informed him that appellant Raghunath has died. 6. In these circumstances, the application under Section 394 Cr.P.C. is allowed. Appeal is, accordingly, dismissed as abated. (NARENDRA KUMAR JAIN),J. /KKC/