This court dismissed the criminal appeal as abated. A report confirmed that all appellants had died prior to the hearing, rendering the trial purposeless.
Appeal dismissed as abated due to death of all appellants.
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Court No. - 88
Case :- CRIMINAL APPEAL No. - 1241 of 1988
Appellant :- Satya Sen And Others Respondent :- State Counsel for Appellant :- V.C.Tiwari 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 Ram Adhar Ram, learned A.G.A. is present.
Instant appeal has been preferred by the appellants against the judgement and order dated 23.5.1988 passed by III Additional Sessions Judge, Fatehpur in S.T. No. 257 of 1987, convicting all the appellants under Section 307 read with 34 I.P.C. and sentencing them to undergo four years rigorous imprisonment.
Vide order dated 24.5.1988 the present appeal was admitted and notices were directed to be issued. Simultaneously, the appellants were granted bail.
In pursuance of the directions issued by this Court, the Chief Judicial Magistrate, Fatehpur has submitted a report dated 10.4.2019 informing that the appellant no. 1 Satyasen had died four years back, appellant no. 2 Ganga Prasad @ Jhundi had died three years back and appellant no. 3 Ram Khelawan had died 25 yeas back. To verify the factum of death of the appellants, he has recorded the statements of Shyamji Yadav (Sub Inspector), Smt. Rina Devi (village Pradhan), Suni Kumar (son of the deceased appellant no. 3), Smt. Vittan Devi (wife of the deceased appellant no. 1), Anuj Kumar (son of the deceased appellant no. 1), Rajendra Prasad (son of the deceased appellant no. 2) and Sunil Kumar and Vishvambhar, both neighbours of the deceased appellants. Along with the report, he has appended the report of the concerned Police Station, statements of the witnesses and the death certificates issued by the Gram Pradhan.
From the report submitted by the Chief Judicial Magistrate, it is evident that the appellants 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 :- 20.10.2020 nd
Satya Sen And Others
State
Dinesh Pathak
As recorded by the court registry
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