The High Court disposed of the criminal appeal due to the death of the appellant, Sarveshver Das, holding that the cause of action abated under the legal maxim Actio personalis moritur cum persona.
Instant appeal disposed of being abated.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 491/1991
Sarveshver Das @ Kachida Wala Baba, Chela Baba Jamna Das, aged about 62 years, R/o Village Rawal, P.s. Kotwali, Distt. Sawaimadhopur
----Appellant
Versus
State of Rajasthan
----Respondent For Appellant(s) : Mr. Yuvraj Singh Rajawat For Respondent(s) : Mr. BL Nasuna, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
21/07/2022
Learned Public Prosecutor has submitted a written report dated 20.07.2022 duly signed by SHO, Kotwali, Sawaimadhopur averring therein that the accused-appellant Sarveshver Das @ Kachida Wala Baba has passed away. The verification has been sought from the Gram Panchayat. His death certificate is also annexed herewith.
Since, the appellant has passed away, the legal maxim Actio personalis moritur cum persona would apply. Thus, the appeal is abated.
Accordingly, the instant appeal is disposed of being abated. The report of SHO and death certificate be taken on record.
(FARJAND ALI),J
SAHIL SONI /04
Sarveshver Das @ Kachida Wala Baba
State of Rajasthan
Farjand Ali
As recorded by the court registry
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