Criminal appeal dismissed as abated because the appellant died four years prior to the hearing, as certified by the lower court.
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Court No. - 42
Case :- CRIMINAL APPEAL No. - 2009 of 2005
Appellant :- Munna Alias Surendra Kumar Respondent :- State Of U.P. Counsel for Appellant :- Rajul Bhargava Counsel for Respondent :- Govt. Advocate
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellants 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 02.05.2005 passed by Additional Sessions Judge, Court No.9, Mathura, in Session Trial No.117 of 2002 State Vs. Munna @ Surendra Kumar, arising out of Case Crime No.38 of 2000, under Section 304 A IPC, Police Station Jamunapar, District Mathura whereby the appellant has been convicted and sentenced to undergo one year, six months imprisonment coupled with fine Rs.3000/-, in default of payment of fine, additional six months imprisonment.
In compliance of the order dated 29.08.2018 passed by the Court, notice was issued to the appellant whereupon report has already been submitted by Chief Judicial Magistrate, Hathras, vide letter dated 02.06.2018 that appellant Munna @ Surendra Kumar has died 4 years ago.
In view of above, this appeal is liable to be dismissed as abated.
The present appeal is, accordingly, dismissed.
Order Date :- 19.9.2018 rkg
Munna Alias Surendra Kumar
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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