The single-judge bench disposed of Criminal Appeal No. 1875 of 2010 on theGround that the appellant, Santosh Kori, died before the appeal was concluded based on recorded evidence, dismissing the appeal as abated.
Dismissal of the appeal as abated due to the death of the appellant.
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Court No. - 27
Case :- CRIMINAL APPEAL No. - 1875 of 2010
Appellant :- Santosh Kori Respondent :- State Of U.P. Counsel for Appellant :- B.N. Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the appellant and learned A.G.A on behalf of the State and perused the record.
This criminal appeal has been preferred by appellant Santosh Kori against the order dated 23.02.2010 passed by Additional Sessions Judge, Court No.3, Jalaun at Orai in S.T. Nos.31 of 2009, 25 of 2009 & 33 of 2009 arising out of Case Crime Nos.749 of 2008, 750 of 2008 & 751 of 2009 whereby appellant was convicted under Sections 307/34 I.P.C,seven years rigorous imprisonment and co-accused Ramu Khangar was convicted five years rigorous imprisonment and appellant was convicted under Section 25 Arms Act, two years rigorous imprisonment.
From the perusal of the report of Chief Judicial Magistrate, Jalaun at Orai dated 03.07.2018, appellant Santosh Kori had died before three years and in support thereof death certificate and statements of Rajesh Kumar SI, Suraj Mukhi, Pradhan and one witness Kallu has been recorded. Hence, the appellant has been died. The appeal is liable to be dismissed as abated.
The appeal is dismissed as abated.
Copy of this order be transmitted to the court concerned immediately.
Order Date :- 1.11.2018 SKD
Santosh Kori
State Of U.P.
Aniruddha Singh
As recorded by the court registry
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