In Criminal Appeal No. 548 of 1991, the Hon'ble High Court, on the report of the Chief Judicial Magistrate that both appellants had died, held that the present appeal stands abated. The court directed the lower court record be returned.
The appeal stands abated. The lower court record shall be sent back to the court below.
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Court No. - 42
Case :- CRIMINAL APPEAL No. - 548 of 1991
Appellant :- Ram Prasad And Another Respondent :- State Counsel for Appellant :- P.K. Mishra Counsel for Respondent :- A.G.A.
Hon'ble Manoj Misra,J. Hon'ble Mrs. Manju Rani Chauhan,J.
This appeal was filed by two appellants, namely, Ram Prasad, son of Deep Chand and Radhey Shyam, son of Deep Chand against the judgment and order dated 22nd March, 1991 passed by the IIIrd Additional Sessions Judge, Rampur in Sessions Trial No. 45 of 1989.
As no one had appeared on behalf of both the appellants, on 8th July, 2019, bailable warrants were issued against the appellants.
Pursuant to the orders dated 8th July, 2019 and 5th August, 2019, the Chief Judicial Magistrate, Rampur has submitted a report dated 2nd August, 2019 stating therein that both the appellants have died. In the report it has also been stated that appellant no.2, namely, Radhey Shyam died on 16th December, 2010, whereas the appellant no.1, namely, Ram Prasad had died much earlier. The report of the Chief Judicial Magistrate, Rampur is a detailed report and is accompanied by the statements of various witnesses, who have deposed that both appellants are no more alive. The death certificate of appellant no.2, namely, Radhey Shyam is also enclosed along with the report of the Chief Judicial Magistrate, Rampur.
In view of the above, the present appeal stands abated.
If the lower court record has been received at this end, the same shall be sent back to the court below.
(Manju Rani Chauhan, J.) (Manoj Misra, J.) Order Date :- 2.9.2019
Sushil/-
Ram Prasad And Another
State
Manoj Misra
Manju Rani Chauhan
As recorded by the court registry
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