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High Court of Punjab and HaryanaCRA-S/2048/2003disposed of

Mangat Singh v. State Of Punjab

2023-03-14Mr. Justice Sanjay Vashisth2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRA-S-2048-SB-2003 Decided on : 14.03.2023 Mangat Singh . . . Appellant(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Gaurav Vir Singh Behl, Advocate for Mr. Akashdeep Singh, Advocate for the appellant(s).

Mr. J.S. Arora, DAG, Punjab assisted by ASI Ved Parkash.

**** SANJAY VASHISTH, J. (Oral) 1.

Order dated 14.02.2023, says as under:- "Office report dated 10/13.02.2023 says as under:- "Notice issued to the appellant has been received back served through his sister and she has submitted the appellant namely Mangat Singh has expired."

Upon this, learned State counsel seeks time to find out the life status of appellant-Mangat Singh s/o Tehal Singh. Adjourned to 14.03.2023."

2.

Today, learned State counsel files affidavit dated 14.03.2023, of Mr. Balkar Singh, PPS, DSP, Sub-Division Malout, District Sri Muktsar Sahib, on behalf of respondent No.1 - State, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the JAWALA RAM 2023.03.15 18:39 I attest to the accuracy and authenticity of this order/judgement.

CRA-S-2048-SB-2003 - 2 - appellant.

3.

Along with aforesaid affidavit, a copy of death certificate dated 14.12.2020, issued by the office of Chief Registrar (Birth & Death), Punjab, has also been attached as Annexure R-1/T. Thus, learned State counsel does not dispute the factum of death of appellant - Mangat Singh. 4.

It would also be relevant to mention here that trial was conducted under Section 307/34 of IPC against two accused namely (1) Mangat Singh, and (2) Katta Singh. Accused Katta Singh was acquitted by the trial Court. Thus, said judgment was assailed only by appellant - Mangat Singh, who has already expired during the pendency of present appeal. 5.

Therefore, in view of the above noted circumstances, present appeal stands abated, and same is disposed of as such. However, same would be subject to the terms & conditions, passed by this Court in Shivji Ram @ Dimple Vs. State of Punjab, 2022 SCC Online P&H 3759 (Law Finder Doc Id # 2076392).

Appeal stands disposed of.

(SANJAY VASHISTH) JUDGE March 14, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.03.15 18:39 I attest to the accuracy and authenticity of this order/judgement.