Godru S/O Kisna Alam v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Appeal No. 327 of 2000 [Godru Kisna Alam Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.G. Pazare and Mr. D.N. Birile, Advs., for the appellant [absent]. Mr. V.A. Thakre, APP for respondent.

----

CORAM

:

V.M. DESHPANDE, J.

DATE :

04th September, 2015.

By the present appeal, the appellant questions his conviction for the offence punishable under Section 304 Part-I, Indian Penal Code, and sentence of Rigorous Imprisonment for four years as imposed upon by learned Second Additional Sessions Judge, Chandrapur, in Sessions Case No. 166 of 1996 vide Judgment and Order dated 17th October, 2000.

This Court on 23rd November, 2000 admitted the appeal. The appellant was released on bail by this Court on 1st December, 2000.

Paper-book was ready. It was noticed that nobody is representing the appellant. Therefore, on 3rd

July, 2015, this Court issued the non-bailable warrant against the appellant Godru son of Kisna Alam through Police Station Officer, Police Station, Kothari, Tq. Pombhurna, Distt. Chandrapur. In execution of nonbailable warrant, it was noticed by the Police Station Authorities that the appellant Godru Kisna Alam has expired in the year 2001 itself. Accordingly, a FAX report was made.

On 28th July, 2015, this Court directed the Additional Public Prosecutor to verify and make a suitable statement before this Court.

Accordingly, today Mr. V.A. Thakre, learned APP, upon instructions from Police Authorities of Kothari Police Station, Distt. Chandrapur, submits that the appellant Godru Kisna Alam expired on 22nd October, 2001. He also placed on record the Death Certificate issued by the competent authority, which is duly signed and verified by Police Station Officer, Kothari, Distt. Chandrapur. The same is taken on record and is marked 'X' for the purpose of identification.

From the cause title of the appeal, it appears that in the year 2000, the appellant was aged about 73 years.

In view of the Death Certificate filed on record in

respect of the appellant, the present appeal stands abated and is disposed of accordingly.

Judge |hedau|