1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :::: J U D G M E N T Bhinyaram Vs. State of Rajasthan S.B. CIMINAL APPEAL NO.124/1988 UNDER SECTION 374(2) CR.P.C. AGAINST THE JUDGMENT DATED 25.01.1988 PASSED BY THE SESSIONS JUDGE, BHILWARA DATE OF ORDER :: 01st August, 2006 PRESENT HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Mr.R.K. Bishnoi, for the appellant. Mr.Rameshwar Dave, Dy.Govt. Advocate for the respondent. BY THE COURT When this appeal was earlier listed before the Court on 27th January, 2006, it was informed by learned counsel for the appellant that the sole appellant in this case has since expired. Learned Public Prosecutor was asked to very this fact and place the correct information to the Court. The death certificate of the 2 appellant has been placed on record by the learned Public Prosecutor with an application dated 06th July, 2006. According to the certificate issued by the Registrar, Registration of Birth and Death, Atabara, District Pali, the appellant Bhinyaram has expired on 04th March, 2006. Accordingly, the present appeal abates in terms of Section 394 Cr.P.C. and need not be decided on merits and the same is therefore, dismissed. [MOHAMMAD RAFIQ],J. Ashwini/-