Ganesh Napit Vs State of Jharkhand

This criminal revision application is directed against the judgment dated 28^th February 2003 passed by learned 2^nd Additional Sessions Judge, Dhanbad in Cr. Appeal No.29 of 1998, whereby and whereunder he has been pleased to dismiss the appeal and upheld the judgment dated 04.03.1998 passed by learned Judicial Magistrate (Railway) Dhanbad, whereby and whereunder he has been pleased to convict the petitioner for offences under Section 3(A) of the Railway Properties (Unauthorised Possession) Act and has been further pleased to sentence the petitioner to undergo rigorous imprisonment for 1 (one) year.

Counsel for the State submits that the sole petitioner has expired and the death certificate has also been forwarded to this court which is taken on record. He submits that the notice was served upon the wife of the present petitioner, who has provided a copy of the death certificate of the petitioner, said to have died on 11.09.2015. He submits that no fine amount as such has been imposed by the learned court below and therefore the present proceeding is abated.

Considering the submissions made, the present proceeding stands abated on account of death of the sole petitioner.

(Anubha Rawat Choudhary, J.)

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R.Kumar/

Ganesh Napit v. State of Jharkhand