State of U.P. v. Bhagwan Das
Case brief
What is this about?
Government Appeal Defective No. 158 of 1998, State of U.P. v. Bhagwan Das and Constable Babu Singh, decided 29.9.2022 by Mohd. Azhar Husain Idrisi, J., High Court of Judicature at Allahabad. Government appeal against acquittal under Section 304 I.P.C. in Sessions Trial No. 169 of 1991 (judgment dated 20.04.1998, Additional Sessions Judge II, Jhansi); both respondents died (11.02.2009 and 23.11.2018); appeal against Bhagwan Das earlier abated by order dated 19.09.2022; appeal dismissed as abated; trial court record to be returned. Keywords: abatement of appeal on death of respondent; acquittal; Section 304 IPC; return of trial court record.
What did the court decide?
The Government Appeal is dismissed as abated, the respondents having died during its pendency. ¶8