Dilshad v. State
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Case :- CRIMINAL APPEAL No. - 2259 of 1991…
Case :- CRIMINAL APPEAL No. - 2259 of 1991…
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Court No. - 42
Case :- CRIMINAL APPEAL No. - 2259 of 1991
Appellant :- Dilshad Respondent :- State Counsel for Appellant :- Prahlad Khare Counsel for Respondent :- A.G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Non-bailable warrant was issued earlier vide order of this Court dated 23.4.2018. Pursuant thereto, office report dated 4.7.2018 has been submitted, whereby it has been intimated that the C.M.M., Kanpur Nagar vide his letter dated 21.4.2018 has informed that Dilshad- the sole appellant has been killed in an encounter with the police on 28.2.1994.
Heard learned A.G.A. for the State and perused the record.
This appeal was preferred against the judgment and order dated 30.11.1991 passed by VIIth Additional District and Sessions Judge, Kanpur Nagar in Session Trial No. 736 of 1990 whereby the appellant was convicted under Section 20 of N.D.P.S. Act and was sentenced to ten years Rigorous Imprisonment coupled with fine of Rs. one lac with default stipulation to suffer two years additional imprisonment.
Since the appellant has been killed in police encounter way back in the year 1994, this appeal qua sole appellant Dilshad stands abated.
This appeal is dismissed as abated.
Order Date :- 5.7.2018 Rmk.
1 issue framed by the court
Whether an appeal by a deceased convict stands abated.
Dilshad
State
Arvind Kumar Mishra
As recorded by the court registry
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