Smt. Sheela Rani v. State of U.P.
Case brief
What is this about?
The court accepted the appellant's death certificate and held that the pending criminal appeal abated due to the appellant's death.
What did the court decide?
Appeal abated due to death of appellant; matter consigned to records.
What the court decided
Court No. - 16
Case :- CRIMINAL APPEAL No. - 127 of 1998
Appellant :- Smt. Sheela Rani Respondent :- State of U.P. Counsel for Appellant :- R.Murtaza,Ahsan Zaidi,M.A.Khan Counsel for Respondent :- Govt. Advocate,Shiv P.Shukla
Hon'ble Subhash Vidyarthi,J.
On 23.08.2022 this Court had passed an order directing the office to call for the living-status of the appellant, Smt. Sheela Rani through the Chief Judicial Magistrate concerned.
The office has submitted a report that a letter was sent to the Chief Judicial Magistrate, Mandsour, M.P., but no report has been submitted to this Court by the C.J.M. Mandsaur in response to the aforesaid letter.
Learned counsel for the appellant has produced a photocopy of the death-certificate of Sheela Parashar W/o Wallabh Parashar issued by the Sub Registrar of Birth and Death, Nagar Nigam, Mandsour certifying that she had died on 24.04.2015.
As the offence alleged had taken place between the year to 1961 to 1966 and the trial had commenced in the year 1969, which culminated in conviction of the appellant by means of a judgment and order dated 26.02.1998 and the appeal is pending before this court for the past two-and-a-half decades and as the learned counsel for the appellant has produced a copy of the death-certificate, this Court has no reason to disbelieve the statement of the learned counsel for the appellant has died, accordingly the appeal stands abated . Consign to records.
Issues for consideration
1 issue framed by the court
Whether the criminal appeal abated upon death of the appellant.
Parties & counsel
- appellant
Smt. Sheela Rani
- respondent
State of U.P.
Coram
Subhash Vidyarthi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- CRLA/127/1998
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