Ram Lakhan v. State
Case brief
What is this about?
This is an order dismissing a criminal appeal as abated following the death of the sole appellant. The court held that the appeal could not proceed post-mortem.
What did the court decide?
The appeal is dismissed as it has ceased to exist upon the death of the sole appellant.
What the court decided
Court No. - 15
Case :- CRIMINAL APPEAL No. - 1072 of 1987
Appellant :- Ram Lakhan Respondent :- State Counsel for Appellant :- L.K. Parikh Counsel for Respondent :- A.G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Abhishek Mishra, Advocate holding brief of Sri C.K. Parikh, learned counsel for the appellant, learned AGA for the State and perused the material brought on record.
The instant appeal has been preferred against the judgment and order of conviction dated 02.04.1987 passed by the Special Judge, Varanasi, in Criminal Case No.43 of 1984 under Section 3/7 Essential Commodities Act, Police Station Kotwali, District Varanasi whereby the appellant has been sentenced to three months rigorous imprisonment coupled with fine Rs.1000/-, in default of payment of fine, additional one month simple imprisonment.
Learned counsel for the appellant has submitted that the sole appellant Ram Lakhan has died on 07.01.2006 and report to that effect has been sent by the Chief Judicial Magistrate, Varanasi, vide his letter dated 03.02.2018.
In view of above, since the sole appellant Ram Lakhan has died on 07.01.2018, the instant appeal abates and is dismissed as abated.
Order Date :- 20.2.2018
Issues for consideration
1 issue framed by the court
Whether the criminal appeal abates on account of the death of the sole appellant.
Parties & counsel
- appellant
Ram Lakhan
- respondent
State
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- CRLA/1072/1987
Similar cases
Judgements on the same questions, provisions and authorities, from every court