The court dismissed the criminal appeal as abated due to the death of appellant no. 3, supported by office reports and C.J.M. Mathura evidence. The appeal was also noted as abated against other appellants previously.
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Court No. - 83
Case :- CRIMINAL APPEAL No. - 2861 of 1981
Appellant :- Lala And Others Respondent :- State Counsel for Appellant :- Keshav Sahai,A.S.Diwakar,Arun Srivastav,Brijesh Sahai,S.K.S. Baghel Counsel for Respondent :- A.G.A.
Hon'ble Sanjay Kumar Pachori,J.
As per office report, appellant no. 3 Dharam Pal had died on 03.02.2021.
In this regard the Chief Judicial Magistrate, Mathura has recorded the evidence of the concerned persons including the police officer of the concerned police station, who confirmed the death of the appellant no. 3 Dharam Pal which is on record.
The office has submitted its report dated 02.05.2022 issued on the basis of the report of the C.J.M. Mathura, dated 13.12.2022 with regard to the death of the appellant no. 3 Dharam Pal.
In view of the report of the office as well as report of C.J.M. Mathura, the present appeal with regard to appellant no. 3 Dharam Pal stands abated.
It is evidence that the present criminal appeal stands abated against the appellant nos. 1, 3 and 4 vide order dated 29.10.2018; 10.02.2020 and 03.02.2017.
In view of the facts and circumstances of the case, the present criminal appeal is dismissed as abated.
Order Date :- 4.9.2023 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
Lala And Others
State
Ishan Jaiswal
As recorded by the court registry
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