High Court of Chhattisgarh held that the appeal filed under Section 374(2) CrPC stands abated as the sole appellant died before its adjudication and no application was filed by his legal heirs to prosecute the appeal.
Appeal stands abated and disposed of due to death of the sole appellant without backing of legal heirs.
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.
Page 1 of 2
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1165 of 2018
---- Appellant
Versus
--- Respondent
For Appellant : None. For Respondent/State : Mr. Ashish Shukla, Addl. Advocate General.
Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay S. Agrawal
Order on Board
15/06/2024
| Conviction | Sentence | |
|---|---|---|
| U/s 302 Code |
of Indian Penal | Life Imprisonment and fine of Rs.500/-, in default of payment of fine additional R.I. for 2 months. |
| U/s 201 Code |
of Indian Penal | R.I. for 2 years and fine of Rs. 200/-, in default of payment of fine additional R.I. for 1 month. |
| ( | Both the sentences | were directed to run concurrently). |
Page 2 of 2
has died on 07/04/2021 in District Hospital, Mungeli. Alongwith said PUD, report of the SHO, Police Station Lalpur, District Mungeli (C.G.), the death certificate of the appellant has also been annexed which show that the appellant had died on 07/04/2021. However, till date no application has been filed by the legal heirs of the appellant for prosecuting this appeal.
-Sd/-Sd/(Sanjay K. Agrawal) (Sanjay S. Agrawal) Judge Judge
Chandrakant
1 issue framed by the court
Whether the criminal appeal stands abated upon the death of the appellant without backing of the legal heirs.
3 provisions across 2 enactments
Chowaram Jangde
State Of Chhattisgarh
Sanjay K. Agrawal
Sanjay S. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
