The High Court dismissed the criminal appeal as abated because the sole appellant died on 20.04.2008, after the judgment appealed from had been passed.
The criminal appeal was dismissed as the sole appellant had died, causing the appeal to abate.
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Court No. - 42
Case :- CRIMINAL APPEAL No. - 1764 of 1998
Appellant :- Kripa Shanker Alias Kripa Respondent :- State Of U.P. Counsel for Appellant :- S.S. Rajput Counsel for Respondent :- Govt. Advocate
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant and learned A.G.A. for the State.
By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 29.08.1998 passed by XIIth Additional Sessions Judge, Aligarh in Session Trial No.85 of 1992 State Vs. Kripa Shanker @ Kripa and another arising out of Case Crime No.69 of 1991 under Section 307 IPC and Case Crime No.70 of 1991 under Section 4/25 Arms Act, Police Station Banna Devi, District Aligarh whereby the appellant has been sentenced to undergo five years rigorous imprisonment coupled with fine Rs.1000/-, in default of payment of fine, additional six months imprisonment under Section 307 I.P.C. and one year rigorous imprisonment coupled with fine Rs.250/-, in default of payment of fine, additional one month imprisonment under Section 4/25 Arms Act. Both the sentences were ordered to run concurrently.
Office report dated 06.09.2018 is indicative of fact that Chief Judicial Magistrate, Aligarh has reported vide letter dated 16.07.2018 that the sole appellant has died on 20.04.2008.
In view of above, this appeal is liable to be dismissed as abated.
The present appeal is, accordingly, dismissed.
Order Date :- 14.9.2018 rkg
Kripa Shanker Alias Kripa
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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