Chhotey Singh vs State Of U.P.
2021 Latest Caselaw 10959 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- CRIMINAL APPEAL No. - 2428 of 1982
 

 
Appellant :- Chhotey Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- R.K.K. Trivedi,R.R.K. Trivedi
 
Counsel for Respondent :- A.G.A.,A.G.A.
 

 
Hon'ble Mohd. Aslam,J.

This appeal has been preferred against the judgment and order dated 25.9.1982 passed by leaned Additional Sessions Judge, Court No.1, Moradabad in S.T. No.459 of 1980 (State Vs. Chhotey Singh) by which accused Hari and Haryan alias Har Gian were acquitted from the charges under Sections 302, 34 I.P.C. pertaining to Police Station- Gajraula, Moradabad and accused-appellant Chhotey Singh was convicted under Section 304-B I.P.C. Feeling aggrieved, the instant appeal has been preferred.

Perusal of office report dated 27.11.2018/25.8.2021, it is reported that sole appellant Chhotey Singh has died about 23 years ago. Further perused the enquiry report of the Chief Judicial Magistrate, Amroha dated 7.8.2018, wherein it has been reported that regarding death of appellant Chhotey Singh, he has recorded the statement of Serving Officer S.I. Sher Singh, Hari Singh son of Chhotey Singh and Har Gyan Singh resident of Village Bheekanpur Shumali, Gajraula, Amroha and also perused the death certificate dated 31.7.2018 issued by Village Pradhan, Gram Panchayat, Bheekanpur Shumali, Gajraula, Amroha as well as report of Chief Judicial Magistrate, which is believed on above materials and it is proved that appellant-Chhotey Singh has died 20 years ago.

In such circumstance, the instant appeal is dismissed as abated.

Order Date :- 26.8.2021

Anil K. Sharma