PATIL, CJ. - (1.) THE learned counsel for the appellant has filed the application stating that the appellant Vijay Kumar @ Vijay Singh has died on 31. 7. 1997. A true copy of the Death Certificate is also enclosed showing the death of the appellant Vijay Kumar @ Vijay Singh. THE learned counsel states that in view of this position, the appeal abates and it may be ordered accordingly.
(2.) THE learned Public Prosecutor seeks two seeks time to verify about the factum of death of the appellant. Having regard to the true copy of the Death Certificate produced and looking to the statement made by the learned counsel for the appellant. We do not think it necessary to adjourn this case. We order that the appeal abates. However, it is open to the learned Public Prosecutor to verify about the factum of death of the appellant. In case it turns out otherwise, the learned Public Prosecutor can move for recalling the order. .;