This criminal appeal arises out against the judgment and order dated 21-7-1984 passed by Additional Sessions Judge (Special Judge), Nainital in S. T. No. 180 of 1981 whereby the learned Additional Sessions Judge convicted and sentenced the appellants to pay a fine of Rs. 1,000/-under Section 323/34, IPC and in default of payment of fine each of the appellants to undergo R. I. for a period of three months. Appellant Shanti Ballabh was convicted and sentenced under Section 304, Part I, IPC to undergo R. I. for a period of 3 years and to pay a fine of Rs. 1,000/-and in default of payment of fine to undergo six month R. I.

2. At the time of hearing of argument of the learned Counsel for the parties, the learned Counsel for the appellants submitted that appellant-Hari Nandan (in Appeal No. 743 of 2001) has died during the pendency of appeal. In this regard, a report was called for from the Chief Judicial Magistrate. Udham Singh Nagar, who sent his report dated 4-6-2002 about the death of the above named appellant. It reveals from the said report that the appellant-Hari Nandan has died during the pendency of appeal. Hence the appeal is dismissed as abated against Hari N