The court dismissed a criminal appeal against conviction under IPC Sections 394 and 332 as abated because the judgment revealed that all appellant had died years prior based on reports from the C.J.M. and police.
Appeal dismissed as abated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 88
Case :- CRIMINAL APPEAL No. - 1171 of 1986
Appellant :- Raghuraj Singh And Others Respondent :- State Counsel for Appellant :- A.B.L. Gaur Counsel for Respondent :- A.G.A.
Hon'ble Dinesh Pathak,J.
List revised. None is present on behalf of appellants.
Sri O. P. Mishra, learned A.G.A. is present on behalf of State.
The instant criminal appeal has been preferred by appellants against judgment and order dated 05.04.1986 passed by Special Judge, Dacoity Affected Area/IVth Additional Sessions Judge, Etah in Special Sessions Trial No.19 of 1985 convicting the appellants and sentencing them to undergo four years rigorous imprisonment under Section 394 IPC and to undergo two years rigorous imprisonment under Section 332 IPC. Both the sentences were directed to run concurrently.
Record reveals that vide order dated 14.05.1986, instant appeal was admitted and notice was ordered to be issued. Simultaneously, appellant was enlarged on bail. Vide order dated 16.08.2019, O.S.D. (J) (Litigation) has issued notice to appellant, through concerned C.J.M., to appear before the Court. In pursuance of aforesaid order, the concerned C.J.M. had submitted a detailed report dated 27.01.2020 along with earlier report dated 01.11.2019 submitted by the then C.J.M., Etah, informing about death of appellant no.1 Raghuraj Singh, who is reported to be died about 9
years back and appellant no.2 Amar Singh, who is reported to be died about 3 years back due to illness. To authenticate the veracity of death of appellants, concerned C.J.M. had examined Abid Quraishi (S.I.), Ram Varesh, nephew of appellant no.1 and son of appellant no.2. Along with report, concerned C.J.M. had also annexed the police report submitted by concerned police station.
From the report dated 27.01.2020 submitted by C.J.M., it is evident that appellant had already died. Therefore, no useful purpose would be served in keeping this appeal pending and the Court has no option but to dismiss the appeal as abated.
Accordingly, appeal is dismissed as abated.
Order Date :- 20.10.2020 Manish Himwan
Raghuraj Singh And Others
State
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
