In this criminal appeal filed by an appellant who was convicted under Sections 308 and 504 IPC, the Court dismissed the appeal as abated, relying on reports stating the appellant had died during the pendency of the proceedings.
The criminal appeal was dismissed as abated due to the death of the appellant.
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Court No. - 27
Case :- CRIMINAL APPEAL No. - 524 of 2007
Appellant :- Mangal Singh @ Mangal Respondent :- State Of U.P. Counsel for Appellant :- Dheeraj Singh Bohara,D.S. Chauhan,Dhrmendra Singhal,R.C.Pal Counsel for Respondent :- Govt.Advocate
Hon'ble Aniruddha Singh,J.
None is present on behalf of appellant even in the revised call. Learned AGA is present.
Appellant-Mangal Singh @ Mangal was convicted in S.T. No. 857 of 2004, arising out of Case Crime No. 75 of 2004, under section 308 and 504 IPC, Police Station Lodha, District Aligarh and sentenced under Section 308 I.P.C. to five years' rigorous imprisonment with fine of Rs.2000/-. In case of default of payment of fine, he shall further undergo two years' R.I. vide order dated 22.1.2007 passed by Additional Sessions Judge/ Fast Track Court No.3, Aligarh and he has been acquitted under Section 504 I.P.C.
According to report of C.J.M., Aligarh dated 17.2.2017, appellant-Mangal Singh @ Mangal has been died due to illness. In this regard, report of Gram Pradhan Kamlesh Devi and report of Superintendent of District Jail, Aligarh are annexed along with the bail application stating that appellant has served out the sentence awarded by the trial court and fine has also been deposited and he has been released.
In view of above reports, the appeal filed by the appellant is dismissed as abated.
Order Date :- 19.11.2018
OP
Mangal Singh @ Mangal
State Of U.P.
Aniruddha Singh
As recorded by the court registry
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