IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL GOVERNMENT APPEAL NO.181 OF 2008 (OLD NO.876/1984) The State ……… Appellant Versus Prem Singh & two others ……… Respondents Dated: November 11, 2008 Mr. M.A. Khan, learned brief holder for the State/appellant HON. DHARAM VEER, J. This appeal, preferred by the State/appellant u/s 378 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 8.12.1983 passed by Session Judge, Tehri Garhwal in Sessions Trial No.11/1983, State Vs. Prem Singh and others, whereby the learned Sessions Judge acquitted the respondents-Prem Singh, Sabal Singh and Dev Singh for the charge of offence punishable u/Ss 302/34, 315 and 120B of the Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.). This appeal was filed in the High Court of Allahabad and the appeal was admitted on 11.12.1984. After creation of the State of Uttaranchal (now Uttarakhand), this appeal was transferred to the High Court of Uttarakhand u/s 35(2) of the U.P. Reorganization Act, 2000. On 2.8.2008, notices were sent from this Court to the respondents. Chief Judicial Magistrate, Tehri Garhwal vide his report dated 3.9.2008 submitted that the respondents-Prem Singh, Sabal Singh and Dev Singh has been died. Due to this reason, the appeal against the respondents stands abated. (Dharam Veer, J.) 11.11.2008 RG