Crl.Appeal No.1234-SB of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Appeal No.1234-SB of 1999 Date of Decision:10.03.2010 Om Parkash .....Appellant Versus State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Argued by: Ms.Gauri Bedi, Advocate, for the appellants. Mr.Ajaib Singh, Additional Advocate General, Punjab, for the respondent-State. **** MEHINDER SINGH SULLAR, J.(Oral) The matrix of the facts, relevant for disposal of the present appeal and emanating from the record, is that a criminal case was registered against the appellant-Om Parkash son of Dhirat Ram, who was posted as a Revenue Patwari, vide FIR No.33 dated 26.04.1993, on accusation of having committed the offence punishable under Sections 13 of the Prevention of Corruption Act and 420 IPC by the police of Police Station, Dera Baba Nanak, District Gurdaspur. 2. Having completed all the codal formalities, the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of four years, to pay a fine of Rs.2000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months, vide impugned judgment of conviction and order of sentence dated 04.12.1999 by the Special Judge, Gurdaspur. 3. The appellant did not feel satisfied with the impugned Crl.Appeal No.1234-SB of 1999 2 judgment of conviction and order of sentence and filed the present appeal. 4. Instead of arguing the appeal on merits, at the very outset, learned counsel has urged that since the appellant had died, so, this appeal stands abated. In order to support her contention, she has produced the original Death Certificate issued by the authorities of Birth and Death Registrar Office, which has taken on record subject to all just exceptions and exhibited as “Annexure PX” for facilitation. 5. Learned State Counsel has acknowledged the fact of the death of the appellant and issuance of Death Certificate “Annexure PX”. 6. Meaning thereby, it stands proved on record that as the sole appellant had already died, therefore, the appeal deserves to be disposed of as having finally abated, as contemplated under Section 394 Cr.P.C. Ordered accordingly. Needless to say, the compliance and procedural consequences would follow accordingly. March 10, 2010 ( MEHINDER SINGH SULLAR) seema JUDGE