Criminal appeal against conviction of heirless deceased then abated. Court ordered disposal proceeding order despatch below lower court record.
Appeal dismissed abatement due to death of sole appellant no further relief granted
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145. 20.01.2023 bd. CRA 530 of 2019 Khudiram Sounth -vsThe State of West Bengal & Anr.
Mr. Satadru Lahiri Mr. Baktiar Ali Shah Mr. Safdar Azam ….For the Appellant. Mr. Rajib Ray Ms. Sohini Kundu ….For the SEBI Mr. Narayan Prasad Agawrala Mr. Pratick Bose … for the State.
Heard Mr. Satadru Lahiri, learned counsel with all fairness who used to represent the appellant Khudiram Sounth, since deceased informed his legal heirs about the consequence of law but they expressed their unwillingness to proceed with the appeal after stepping into shoes of his father. Copy of such instruction is taken on record.
Under such circumstances, the appeal abates with the death of sole convict/appellant.
Appeal stands disposed of being abated.
Lower Court Record be sent down to learned Court below along with copy of the order sheet.
(Siddhartha Roy Chowdhury, J.)
1 issue framed by the court
Whether the criminal appeal stands abated due to the death of the sole convicted appellant.
Khudiram Sounth
The State of West Bengal
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
