Naresh Babu v. State

Court No. - 88

Case :- CRIMINAL APPEAL No. - 1179 of 1989

Appellant :- Naresh Babu Respondent :- State Counsel for Appellant :- G.P. Dikshit Counsel for Respondent :- 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 appellants against the judgement and order dated 15.5.1989 passed by the Special Judge, Dacoity Affected Area, Etawah in Special Case No. 6 of 1987, convicting the appellant under Section 397 I.P.C. and sentencing him to undergo 7 years rigorous imprisonment.

Vide order dated 17.5.1989, the present appeal was admitted and notices were directed to be issued. Simultaneously, the appellants were enlarged on bail.

Vide order dated 21.10.2019, OSD (J)(Crl.) has issued notices to the appellants to appear before the Court. In pursuance of the aforesaid order, the Chief Judicial Magistrate, Etawah has submitted a report dated 17.3.2020 informing that the sole appellant had died. To verify the factum of death of the appellant, he has recorded the statement of Tanmay Chaudhary, Sub Inspector, Madan Gopal (brother of the deceased appellant), Smt. Phoolan Devi (wife of the deceased appellant), Jay Narain (Gram Pradhan) and Amar Singh and Lalta Prasad, both villagers. Along with the report, he has appended the report of the concerned Police Station, the statements of the aforesaid persons and the death certificate issued by the Government of U.P. and Pradhan of the village.