The High Court dismissed the criminal appeal as abated since the appeal regarding the first appellant had abated earlier and the second appellant had expired, with no response appearing for the appellants on the hearing date.
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Court No. - 15 Case :- CRIMINAL APPEAL No. - 392 of 1988 Appellant :- Kamlapati Mishra And Others Respondent :- State Of U.P. Counsel for Appellant :- S.D. N. Singh,Saroj Kumar Counsel for Respondent :- A.G..A Hon'ble Arvind Kumar Mishra-I,J.
On the matter being taken up, no one responds on behalf of the appellants despite repeated calls. Learned AGA is present.
I have heard learned AGA for the State.
The aforesaid Criminal Appeal has been preferred by the appellants, against the judgement and order of conviction dated 18.02.1988 passed by the Additional Sessions Judge, Ballia in Sessions Trial No.270 of 1984- State Vs. Kamla Pati Mishra and others, arising out of case crime no.147 of 1984, whereby the appellant- Kamla Pati Mishra has been sentenced for offences under Sections 307 and Sections 323 and 324 read with Section 34 IPC and sentencing him to undergo 5 years R.I., 9 months R.I. and 1 year R.I., respectively and appellantDina Nath Mishra under Sections 307, 323 and 324 read with Section 34 IPC and sentencing him to undergo rigorous imprisonment for 3 years, 9 months and 1 year, respectively.
This appeal is of the year 1988 and has already been admitted by this Court on 23.02.1988.
Order- sheet of this appeal reflects that appeal in respect of appellant no.1 Kamla Pati Mishrahad already been abated, vide order dated 28.03.2017.
So far as appellant no.2- Dina Nath Mishra- is concerned, report of Chief Judicial Magistrate, Ballia, dated 22.11.2017, reflects that appellant no.2- Dina Nath Mishra has expired.
In view of above, appeal in respect of appellant no.2- Dina Nath Mishra- stands abated.
Accordingly, this appeal is dismissed as abated .
Order Date :- 4.1.2018/Raj
Kamlapati Mishra And Others
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
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