HIGH COURT OF UTTARAKHAND AT NAINITAL Govt. Appeal No.1672 of 2001 (Old No.1470 of 1990) State …….….…. Appellant Versus Nain Singh. …….….… Respondent Dated: October 24, 2008 Sri M.A. Khan, learned Brief Holder for the State/appellant. HON. DHARAM VEER, J. The present appeal has been preferred by the appellant u/s 378 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) against the judgment and order dated 04.04.1990 passed by II Addl. Sessions Judge, Nainital in Sessions Trial no. 70 of 1988 State vs. Nain Singh, whereby the accused-respondent was acquitted for the offence punishable u/s 307 I.P.C. 2. On 14.10.2008, CJM, Nainital was directed to submit the report verifying the death of respondent-accused Nain Singh within 10 days. In compliance of that order, CJM Nainital has sent the report on 22.10.2008. Along with the report, death certificate issued by Gram Pradhan, Surang in respect of respondent-accused has been annexed, a perusal of which shows that the respondent-accused Nain Singh had died on 21.5.2007. The report of S.O. Mukteshwar has also been annexed with the report of CJM, Nainital which also goes to show that respondent Nain Singh had died on 21.05.2007. 3. In view of the fact that the sole respondent-Nain Singh had died on 21.5.2007, the appeal preferred by the State stands abated. (Dharam Veer, J.) 24.10.2008 NCM: