This Court dismissed a criminal appeal filed against a conviction under Section 498-A IPC and sentence of imprisonment and fine, as the appellants were reported dead, causing the matter to abate.
Criminal Appeal No. 914 of 1997 dismissed as abated due to death of appellants.
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Court No. - 90
Case :- CRIMINAL APPEAL No. - 914 of 1997
Appellant :- Shesh Nath And Anr. Respondent :- State Ofu.P. Counsel for Appellant :- Yogesh Agarwal Counsel for Respondent :- Govt. Advocate
Hon'ble Ram Manohar Narayan Mishra,J.
Case is called out. No one has appeared on behalf of the appellants to press this appeal whereas learned A.G.A. is present.
Learned A.G.A. informs the court that Sri Yogesh Agarwal, learned counsel for the appellants has died.
Office report dated 27.9.2022 reveals that as per the communication received from the C.J.M., Jaunpur dated 20.6.2020, appellant No.1 Shesh Nath and appellant No.2 Lakhi Devi have died. The death confirmation report of appellants is accompanied with requisite documents, as per the circular of this Court.
This appeal was filed against the judgment and order dated 8.5.1997 passed by Special/Additional Sessions Judge, Jaunpur in S.T. No.8 of 1991 (State vs. Shesh Nath and another) whereby the appellants were convicted under Section 498-A IPC and sentenced for a period of two years R.I. along with fine of Rs.500/-, and in default of fine six months additional imprisonment, thereunder.
Since the appellant No.1 Shesh Nath and appellant No.2 Lakhi Devi is reported to be dead, the appeal stands dismissed as abated.
Order Date :- 28.9.2022 Kamarjahan
Digitally signed by KAMARJAHAN ANSARI Date: 2022.09.28 17:09:00 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a criminal appeal stands abated upon the death of the appellant.
Shesh Nath
Lakhi Devi
State Of up.
Ram Manohar Narayan Mishra
Kamarjahan
As recorded by the court registry
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