The appellant in a criminal appeal was held to be dead based on an office report and death certificate. Consequently, the court abated and dismissed the appeal as it could no longer be heard in the appellant's absence.
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Neutral Citation No. - 2023:AHC:188770-DB
Court No. - 46
Case :- CRIMINAL APPEAL No. - 702 of 2004
Appellant :- Bhaiya Lal Y Another Respondent :- State of U.P. Counsel for Appellant :- Ajay Kumar Counsel for Respondent :- Govt. Advocate
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.
This appeal is directed against the judgment and order dated 17.12.2003, passed by the Court below in Sessions Trial No.173 of 2002 (State Vs. Bhaiya Lal Dhobi), under Sections 376, 323 I.P.C., Police Station- Charwa, District- Kaushambi, whereby the accused-appellant Bhaiya Lal has been sentenced under Section 376 I.P.C. to life imprisonment along with fine of Rs.5,000/- and, in default of payment of fine to further undergo three months rigorous imprisonment, and under Section 323 I.P.C. to six months simple imprisonment. All the sentences will run concurrently.
Office has submitted a report along with letter of the Chief Judicial Magistrate, Kaushambi, dated 24.08.2023 stating that accusedappellant Bhaiya lal has already died on 25.09.2022. The letter of C.J.M. is accompanied by death certificate and other documents in support of such conclusion.
In view of the fact that accused-appellant has already died, the present appeal abates and is, accordingly, dismissed .
Order Date :- 3.10.2023
SP/-
Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad
Bhaiya Lal
State of U.P.
Ashwani Kumar Mishra
Syed Aftab Husain Rizvi
As recorded by the court registry
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