This is a miscellaneous order in Criminal Appeal No. 515 of 1991. The sole appellant, Vijendra Singh, had expired as per the C.J.M. Etah report. The Advocate General submitted that the appeal is liable to abate. The court dismissed the appeal as abated.
The criminal appeal was dismissed as abated due to the death of the sole appellant.
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Court No. - 42
Case :- CRIMINAL APPEAL No. - 515 of 1991
Appellant :- Vijendra Singh Respondent :- State Counsel for Appellant :- P.C. Mishra Counsel for Respondent :- A.G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Case called out. None appears on behalf of the appellant- Vijendra Singh to press this appeal.
Heard learned AGA for the State and perused the impugned judgement and order as well as the record of the lower court.
This appeal has been preferred by appellantVijendra Singh- against the judgement and order dated 20.03.1991 passed by Ist Additional Sessions Judge, Etah in Session Trial No.452 of 1988, convicting and sentencing the appellant under Section 304 Part II IPC for 8 years R.I., coupled with fine of Rs.5,000/- and in default of payment of fine, he shall undergo 2 years R.I.
From the perusal of the report of the C.J.M.- Etah dated 16.04.2018 which is on record of this appeal, it transpires that the sole appellant in this appeal- Vijendra Singh has expired.
Learned A.G.A. has submitted that in view of report of C.J.M.- Etah dated 16.04.2018, this appeal is liable to be abated.
In view of the submission made by learned A.G.A. and on perusal of the recitals contained in report of C.J.M.- Etah dated 16.04.2018, this appeal is dismissed as abated .
Order Date :- 20.7.2018 Raj
1 provisions across 1 enactments
Vijendra Singh
State
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
