1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SOU MOTO PETITION NO. 01 OF 2009 IN CRIMINAL APPEAL NO. 433 OF 2009 The State of Maharashtra APPELLANT V E R S U S Chima Yeshwant Zodage RESPONDENT Mr. B. J. Sonawane, Additional Public Prosecutor for State CORAM : NARESH H. PATIL & SHRIHARI P. DAVARE, JJ DATE : 9TH OCTOBER,2009 PER COURT : 1. A criminal appeal of the year 1988 was transferred by the Registry of Bombay High Court vide order of Principal Seat of the Bombay High Court to Bench at Aurangabad, by communication dated 3rd August, 2009. It is informed to the Registry of this Court to take necessary action. Thereafter, this Court issued notice to the appellant, who was convicted by the trial Court for the offence punishable under Section 307 of Indian Penal Code. This Court had also issued suo-moto show-cause- 2 notice for enhancement of sentence. 2. The learned Judicial Magistrate, First Class, Akole, District Ahmadnagar, by way of communication dated 3rd October, 2009 informed this Court that the appellant namely Chima Yashwant Zodge had expired. Along with the said communication, the learned Magistrate forwarded a communication/letter addressed by Police Inspector, Police Station, Akole dated 3rd October, 2009 and a death certificate issued by Gram Sevak, under the provisions of Law, stating therein that appellant died on 20th December, 2005. We have perused these documents. 3. Considering above documents, appeal abates. [SHRIHARI P.DAWARE, J] [NARESH H. PATIL, J] srm/criapl433.09