Siya Ram v. State
Case brief
What is this about?
This order dismisses a criminal appeal as it stands abated due to the verified death of all appellants and the absence of any family member willing to proceed with the lis.
What did the court decide?
The criminal appeal is dismissed as it has abated due to the death of the appellants.
What the court decided
Court No. - 87
Case :- CRIMINAL APPEAL No. - 1133 of 1992
Appellant :- Siya Ram Respondent :- State Counsel for Respondent :- A.G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
None appears for the appellant no. 2.
As per report dated 13.08.2021 of the C.J.M. Jhansi the appellant no. 1 Siya Ram has died on 14.10.2019, the appellant no. 2 Ram Sewak has died on 08.12.2007, the appellant no. 3 Natthu has died about 8-10 years ago and the appellant no. 4 Ram Tere has died 14-15 years ago. In support of this report, the C.J.M. has filed certificate of Gram Pradhan, report of police station concerned and the death certificate. The statement of Ram Vinod son of Siya Ram is on the record mentioning the date of death of his father as 14.10.2019, the statement of Hariom son of Ram Sewak is also on the record wherein it is mentioned that the death of Ram Sewak took place on 08.12.2007, the statement of Raghuvir son of Ram Tera is on the record, according to which Ram Tere has died 14-15 years ago, the statement of Anita Devi w/o Kamlesh Kumar, the previous village Pradhan is on the record, according to which Natthu has died 8-10 years ago, the statement of Hariom s/o Ram Sewak is also on record wherein he has stated that Natthu was his grand father, who has died 8-10 years ago.
In the light of statements and documents, it is found that the directions issued vide Circular No. 15/2005, VIII-110 April 19, 2005 and 04/Admin G-II dated Allahabad 18.01.2017 have been complied with. Hence the report of C.J.M. dated 13.08.2021 is accepted.
Issues for consideration
1 issue framed by the court
Whether a criminal appeal stands abated upon the death of the appellants with no family members proceeding.
Parties & counsel
- appellant
Siya Ram
- respondent
State
Coram
Sadhna Rani (Thakur)
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- CRLA/1133/1992
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