The court recorded that the sole appellant had died based on reports and witness statements. Consequently, the court held that no useful purpose would be served in keeping the matter pending and dismissed the criminal appeal as abated.
The criminal appeal was dismissed as abated due to the death of the appellant.
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Court No. - 88
Case :- CRIMINAL APPEAL No. - 1157 of 1986
Appellant :- Jagannath Alias Gunda Respondent :- State of U.P. Counsel for Appellant :- G.S. Hajela Counsel for Respondent :- A.G.A.
Hon'ble Dinesh Pathak,J.
List has been revised. No one has appeared on behalf of the appellants. Sri O.P. Mishra, learned A.G.A. is present.
Instant appeal has been preferred by the appellant against the judgement and order dated 2.4.1986 passed by V Addl. Sessions Judge, District Mathura in S.T. N no. 342 of 1985 connected with S.T. No. 343 of 1985, convicting the appellants under Section 148, 147, 323 and 149 I.P.C.
Vide order dated 14.5.1986, the present appeal was admitted and notices were directed to be issued. Simultaneously, the sole appellants were enlarged on bail.
Vide order dated 6.8.2019, OSD (J)(Litigation) has issued notices to the appellants to appear before the Court through the Chief Judicial Magistrate, Mathura. In pursuance of the aforesaid order, the Chief Judicial Magistrate, Mathura has submitted a report dated 17.3.2020 informing that both the appellants had died. To verify the factum of death of the appellant, he has recorded the statement of Jugendra Singh, Sub Inspector, two residents of the village namely, Satyaveer Singh and Manvendra and Kehori Singh, Gram Pradhan. The statements of the aforesaid persons are appended with the report of the Chief Judicial Magistrate.
From the report submitted by the Chief Judicial Magistrate, it is evident that the appellant had already died. Therefore, no useful purpose will be served to keep the matter pending and the Court has no option but to dismiss the appeal as abated.
Accordingly, the appeal is dismissed as abated .
Order Date :- 19.10.2020 nd
1 issue framed by the court
Whether the criminal appeal should proceed when the appellant has died.
1 provisions across 1 enactments
Jagannath Alias Gunda
State of U.P.
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
