This court disposed of a criminal appeal by holding that it stands abated due to the death of the sole appellant, Om Parkash, citing Section 394 Cr.P.C.
Appeal dismissed as abated on account of death of the sole appellant.
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.
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Crl.Appeal No.1234-SB of 1999
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Appeal No.1234-SB of 1999
Date of Decision:10.03.2010
Om Parkash
.....Appellant
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR
Argued by: Ms.Gauri Bedi, Advocate, for the appellants.
Mr.Ajaib Singh, Additional Advocate General, Punjab, for the respondent-State.
MEHINDER SINGH SULLAR, J.(Oral)
The matrix of the facts, relevant for disposal of the present appeal and emanating from the record, is that a criminal case was registered against the appellant-Om Parkash son of Dhirat Ram, who was posted as a Revenue Patwari, vide FIR No.33 dated 26.04.1993, on accusation of having committed the offence punishable under Sections 13 of the Prevention of Corruption Act and 420 IPC by the police of Police Station, Dera Baba Nanak, District Gurdaspur.
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Crl.Appeal No.1234-SB of 1999
judgment of conviction and order of sentence and filed the present appeal. 4. Instead of arguing the appeal on merits, at the very outset, learned counsel has urged that since the appellant had died, so, this appeal stands abated. In order to support her contention, she has produced the original Death Certificate issued by the authorities of Birth and Death Registrar Office, which has taken on record subject to all just exceptions and exhibited as “Annexure PX” for facilitation.
Needless to say, the compliance and procedural consequences would follow accordingly.
March 10, 2010 ( MEHINDER SINGH SULLAR) seema JUDGE
2 issues framed by the court
Whether a criminal appeal stands abated when the sole appellant has died.
What is the procedural consequence of the death of the sole appellant on pending appeals.
1 provisions across 1 enactments
Om Parkash
State of Punjab
Mehender Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
