Criminal Appeal dismissed as abated because the appellants died years prior to the hearing. The court recorded their deaths and terminated the proceedings.
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Court No. - 42
Case :- CRIMINAL APPEAL No. - 2624 of 1998
Appellant :- Sompal & Another Respondent :- State Of U.P. Counsel for Appellant :- Abhai Saxena 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 16.11.1998 passed by VIth Additional Sessions Judge, Moradabad, in Session Trial No.1007 of 1995 State Vs. Sompal and another arising out of Case Crime No.124 of 1987 under Section 427 IPC, Police Station Bhagatpur, District Moradabad whereby the appellants have been sentenced imposing fine Rs.2000/-, in default of payment of fine, additional three years imprisonment.
In compliance of the order dated 06.03.2018 passed by the Court, Chief Judicial Magistrate, Moradabad has reported vide letter dated 05.06.2018 that appellant no.1 Sompal has died 20 years ago, whereas, appellant no.2 Prempal has died on 20.01.2005.
In view of above, this appeal is liable to be dismissed as abated.
The present appeal is, accordingly, dismissed.
Order Date :- 24.8.2018
rkg
Sompal
Prempal
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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