IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Criminal Appeal No.196-SB of 2003 Amit Kumar … Appellant Versus State of Haryana … Respondent 2. Criminal Revision No.848 of 2003 Mohammad Saleem … Petitioner Versus Amit Kumar and another … Respondents Date of decision: 27th April, 2011 CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the appellant. Mr. Sandeep Singh Mann, Sr. DAG, Haryana for the State. None for the petitioner-complainant. KANWALJIT SINGH AHLUWALIA, J. (ORAL) By this common order, Criminal Appeal No.196-SB of 2003 titled as ‘Amit Kumar v. State of Haryana’ shall be decided along with Criminal Revision No.848 of 2003 titled as ‘Mohammad Saleem v. Amit Kumar and another’. Amit Kumar-appellant was named as an accused in a case FIR No.100 dated 08.09.2001 registered at Police Station Kalka under Sections 363, 366, 376 and 506 IPC. The Court of Additional Sessions Judge, Panchkula vide its judgment dated 23rd December, 2002 held the appellant guilty of offences punishable under Sections 363 and 366 IPC and vide a separate order dated 24th December, 2002 sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/-, in default of payment of fine to further undergo simple imprisonment for three months under Section 363 IPC. He was further Criminal Appeal No.196-SB of 2003 and Criminal Revision No.848 of 2003 sentenced under Section 366 IPC to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/-, in default of payment of fine to further undergo simple imprisonment for six months. On March 15, 2011, this Court passed the following order: “Mr. Gupta, who had filed the present appeal, states that appellant Amit Kumar has died during the pendency of the present appeal and hence, the present appeal shall abate. Concerned SHO of Police Station, Kalka is directed to verify the factum of death of the appellant and file an affidavit in this Court before the next date of hearing. List on 21st March, 2011. A copy of this order, attested by the Special Secretary of this Court, be supplied to Counsel for the State, for onward transmission and compliance.” In response thereto, Mr. Sandeep Singh Mann, Sr. DAG, Haryana has filed an affidavit dated 8th April, 2011 of Mukesh Kumar, Inspector-SHO, Police Station, Kalka, wherein it is stated that as per the enquiry conducted by him, Amit Kumar-appellant has expired. In view of the affidavit filed by Mukesh Kumar, Inspector-SHO, Police Station, Kalka, present appeal stands disposed of having abated. Against the conviction of Amit Kumar-appellant, the complainant had filed a revision petition in this Court praying that the sentence awarded to the accused Amit Kumar be enhanced and the enhanced amount of fine be paid to the complainant. This revision petition was ordered to be heard along with Criminal Appeal No.196-SB of 2003. Since accused Amit Kumar has expired and his appeal has been disposed of having abated, the prayer made in this revision petition cannot be answered and hence, the petition is hereby dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE April 27, 2011 rps 2