Smt.Madhuri v. State of U.P.
Case brief
What is this about?
The High Court held that upon receipt of death verification documents for the appellant from the Chief Judicial Magistrate, the instant jail appeal stands abated on the appellant's behalf and is consigned to the record.
What did the court decide?
Jail Appeal No.179 of 1983 stands abated on behalf of appellant Smt. Madhuri and consigned to record.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- JAIL APPEAL No. - 179 of 1983
Appellant :- Smt.Madhuri Respondent :- State of U.P. Counsel for Appellant :- In Person
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
Jail Appeal No.179 of 1983 has been filed by the convict/appellant - Smt. Madhuri w/o Bharosey from jail whereas Criminal Appeal No.979 of 1982 has been filed by Smt. Madhuri and others, against the judgment and order dated 09.12.1982 passed in Sessions Trial No. 295 of 1982 by VII Additional Sessions Judge, Unnao, convicting and sentencing the convict/appellants- Smt. Madhuri, Bharosey, Chhedi, Devi Prasad and Teni under Section 147 I.P.C. to undergo one year rigorous imprisonment; under Section 302 read with 149 I.P.C. to undergo imprisonment for life; and under Section 323 read with Section 149 I.P.C. to undergo six months rigorous imprisonment.
It transpires from the aforesaid that Jail Appeal No.179 of 1983 preferred by convict/appellant Smt. Madhuri and Criminal Appeal No.979 of 1982 preferred by the convict/appellants -Bharosey, Chhedi, Devi Prasad, Teni and Smt. Madhuri wherein appellant Smt. Madhuri is at serial no.5, arise out of the common judgment and order dated 09.12.1982.
As per office report dated 07.04.2012, it has been informed that a report from Chief Judicial Magistrate, Unnao has been received in which death verification documents with regard to death of accused/appellant Smt. Madhuri have been annexed.
In view of the aforesaid, the instant appeal stands abated on
Issues for consideration
1 issue framed by the court
Whether the jail appeal by Smt. Madhuri continues given the receipt of death verification documents.
Parties & counsel
- appellant
Smt. Madhuri
- respondent
State of U.P.
Coram
Ramesh Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- JAPL/179/1983
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