Neutral Citation No. - 2025:AHC:80333-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 5925 of 2007 Appellant :- Mohd. Navi Khan And Others Respondent :- State of U.P. Counsel for Appellant :- K.S. Mishra,Apul Mishra,R.K.Mishra,R.N.Singh,Rahul Srivastava,Ratnesh Nandan Singh,Y.D.Dwivedi Counsel for Respondent :- Govt. Advocate Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard learned AGA for the State and perused the record. 2. Present appeal has been filed with the prayer to allow the appeal and set aside the judgement and order passed by the learned Sessions Judge, Badaun in S.T. Nos. 688 of 2002, 689 of 2002 and 690 of 2002 wherein appellants have been convicted under section 302/34 I.P.C. for the life imprisonment. Further prayer has been made to enlarge the appellants on bail in the aforesaid case. 3. As per office report dated 10.3.2025 based on the report of Chief Judicial Magistrate, Badaun dated 20.2.2025, the surviving appellant no. 1 Mohd. Nabi Khan and appellant no. 2 Habib Khan have died. 4. We further find that appeal against appellant no. 3 stood abated vide order dated 23.5.2012. In so far as appellant no. 1 Mohd. Nabi Khan is concerned, statement of his nephew Sadaful Hasan S/O Habib Khan and Mahammad Hasan Kadari S/O Mohd. Navi Khan, Arjun Singh, Sub Inspector has been recorded. The death certificate in respect of Habib Khan is certified that the appellant no. 1 Nabi Khan died in the year 1983 and appellant no. 2 Habib Khan died on 11.1.2025. 5. We find that appellant no. 1 Mohd. Nabi Khan and appellant no. 2 Bhure Khan both were real brothers and sons of Rahmatullah Khan. 6. Appeal is accordingly abated. Order Date :- 15.5.2025/SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad