Mahesh and Others v. State of Chhattisgarh

Chhattisgarh HC5 Nov 2025CRA/131/2011

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; CRA No. 131 of 2011; decided 06/11/2025 by Amitendra Kishore Prasad, J.; NAFR. Appeal under S. 374(2) Cr.P.C. against conviction u/S 304 B IPC (Sessions Trial No. 422/2009, judgment dated 22.1.2011). Abatement of appeal on death of appellants Nos. 1 and 2 without substitution of legal representatives; appeal dismissed as abated qua them; surviving appellant No. 3 had already completed the entire sentence, nothing remaining to be served; appeal disposed of. No precedent discussed; State represented by G.A. Rahul Tamaskar; no appearance for appellants.

What did the court decide?

None substantive; the appeal was dismissed as abated qua appellants Nos. 1 and 2, and disposed of qua appellant No. 3, the Court noting he had completed his entire sentence. ¶¶26

Mahesh and Others Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2025)

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RAGHVENDRAJAT Digitallysigned byRAGHVENDRAJAT

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2025:CGHC:54218

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRA No. 131 of 2011

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Mahesh, aged about 60 years, S/o- Ahibaran Kushwaha, R/o Village- Gayna, P.S.- Raghunath Nagar, District-Surguja, C.G.

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Smt. Shivbachan, aged about 55 years, W/o Mahesh Kushwaha, R/o Village-Gayna, P.S.- Raghunath Nagar, District-Surguja, C.G.

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Ram Ratan Kushwaha, S/o-Mahesh Kushwaha aged about 27 years, R/o Village- Gayna, P.S.-Raghunath Nagar, DistrictSurguja, C.G.

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... Appellant(s)

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versus

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State of Chhattisgarh through Police Station Raghunath Nagar, District-Surguja, C.G.

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... Respondent(s) For Appellant(s) : None. For Respondent(s)/State : Mr. Rahul Tamaskar, G.A.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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06/11/2025

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This criminal appeal filed by the appellants-accused persons, under Section 374(2) of Cr.P.C., is directed against the impugned judgment of conviction and order of sentence dated 22.1.2011, passed by learned Additional Sessions Judge (F.T.C.),Pratappur,

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District- Surguja, (C.G.) in Sessions Trial No. 422/2009, whereby the appellants have been convicted for offence punishable under Section 304 B of IPC and sentenced to undergo R.I. for 10 years each with fine of Rs. 1,000/- each and, in default of payment of fine, to further undergo additional rigorous imprisonment for two months each.

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Vide order dated 13.10.2025, the concerned Superintendent of Police, Surguja was directed to file an affidavit showing service of arrest warrant to the appellants which has been issue in pursuance of order dated 22.8.2025 in respect of appellant No. 1- Mahesh, however, affidavit has not been filed only a report has been submitted by Additional Sessions Judge, Pratappur, DistrictSurajpur, C.G. on 13.10.2025 informing that appellant No. 1- Mahesh has expired.

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So far as appellant No. 2- Smt. Shivbachan, is concerned, it is submitted that she has already passed away.

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In view of death of appellant No. 1- Mahesh and appellant No. 2- Smt. Shivbachan of this appeal and in absence of any application for bringing his legal representative on record, the appeal abates and the same is dismissed as abated.

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So far as appellant No. 3- Ram Ratan Kushwaha, is concerned, it is pertinent to note that he has already undergone and completed the entire term of imprisonment imposed upon him as part of the

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sentence awarded by the learned Trial Court, and therefore, no portion of the substantive sentence now remains to be served by him.

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