IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Appeal No.1237 of 2001 (Old No.694 of 1990) Mani Bisht alias Manohar Singh, S/o late Jaman Singh, R/o village Churadgaon, Patti East Maniyarsyun, Pauri Garhwal. …….….…. Appellant Versus The State …….….… Respondent Dated: August 14, 2008 None is for the appellant, Sri M.A. Khan, learned Brief Holder 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 30.03.1990 passed by Sessions Judge, Pauri Garhwal in Sessions Trial no. 15 of 1988 State vs. Sri Mani Bisht @ Manohar Singh and three others, whereby the accused/ appellant and the co accused Gunanand Barthwal were convicted for the offence punishable u/s 304 part-II read with Section 34 I.P.C. and u/s 201 I.P.C. and were sentenced u/s 304 part-II read with Section 34 I.P.C. and u/s 201 I.P.C. to undergo 5 years’ R.I. and 3 years’ R.I. respectively. It was further directed that both the sentences shall run concurrently. 2. This appeal was received by transfer from Allahabad High Court for its disposal under Section 35 of U.P. Reorganization Act 2000. After receipt of the record this Court sent notice to the accused/appellant. In compliance of the process issued by this Court a report dated 7th August 2008 is received from the Officer-in-charge Nazrat, on behalf of the District Judge, Pauri Garhwal annexing therewith the report of one Surendra Singh 2 resident of the village Churedgaon, Patti Manyarsyun dated 06.08.2008 that Mani Bisht @ Manohar Singh S/o Jaman Singh, r/0 village Churedgaon, Patti Manyarsyun has been died 8 years’ before. There is also an endorsement, on oath, by the process server of the Court of District Judge, Pauri Garhwal that Mani Bisht @ Manohar Singh has been died. 3. In view of the fact that the sole appellant-Mani Bisht alias Manohar Singh has been died 8 years’ before, the appeal preferred by the appellant stands abated. (Dharam Veer, J.) 14.08.2008 NCM: