IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Appeal No.1244 of 2001 (Old No.492 of 1990) Vijay Singh Rawat alias Bhura, S/o Bhola Singh, R/o Bijli Office Colony Karanpur, Dehradun. …….….…. Appellant Versus The State …….….… Respondent Dated: May 20, 2008 None appears for the appellant, Sri Harish Pujari, learned Addl. G.A. for the State HON. DHARAM VEER, J. The present appeal has been preferred by the appellant u/s 374(2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) against the judgment and order dated 06.03.1990 passed by Sessions Judge, Dehradun in Sessions Trial no. 66 of 1989 State vs. Vijay Singh Rawat, whereby the accused/appellant was convicted for the offence punishable u/s 307 IPC and was sentenced to undergo seven years’ rigorous imprisonment. 2. On 21.04.2008, non-bailable warrant was issued against the accused/appellant and notices were also issued to the sureties and CJM concerned was directed to ensure compliance of the order within two weeks’. In compliance of that order, Chief Judicial Magistrate, Dehradun vide his report dated 30.04.2008 has informed that the accused/appellant-Vijay Singh Rawat alias Bhura was confined in jail and the Jail Authorities has reported that the accused/appellants was admitted in Doon Hospital and during treatment he expired on 30.04.2008. Along with the report sent by CJM, Dehradun a letter of the Superintendent, District Jail Dehradun dated 30.04.2008 and a report of the Jailor on the reverse side of the corresponding warrant have also been annexed, which also show that the appellant Vijay Singh Rawat @ Bhura died on 30.04.2008. 3. In view of the fact that the sole appellant-Vijay Singh Rawat alias Bhura died on 30.04.2008, the appeal preferred by the appellant stands abated. 4. Let the trial Court’s record be sent back to the Court concerned for its’ consignment. (Dharam Veer, J.) NCM: