State Of U.P. vs Mangal & Others
2021 Latest Caselaw 9933 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL APPEAL No. - 380 of 1991
 

 
Appellant :- State of U.P.
 
Respondent :- Mangal & Others
 
Counsel for Appellant :- Govt. Advocate
 
Counsel for Respondent :- V. Mishra
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Ajai Kumar Srivastava-I,J.

This appeal by the State has been filed under Section 378 Cr.P.C. challenging the judgment of acquittal passed by the IInd Additional District & Sessions Judge, Barabanki on 19.04.1985 in Sessions Trial No.287 of 1981.

The learned Chief Judicial Magistrate, Barabanki, in its report dated 10.11.2020, has stated that respondent No.1, namely, Mangal has died on 20.09.2013, respondent No.2, namely, Maikoo has died on 25.06.2020, respondent No.3, namely, Gur Prasad has died on 21.06.2016 and respondent No.4, namely, Manohar has died about ten years ago.

In support of the said report, the learned Chief Judicial Magistrate has enclosed the statement of Deenanath, Head Constable, Police Station Haidergarh, District Barabanki, statement of Village Pradhan of the Gram Panchyat concerned and statement of Ramu and Ram Shankar, who are the residents of the village concerned. The report is also accompanied by the death certificates of all the respondents issued by the Village Pradhan of the Gram Panchayat concerned.

In view of the aforesaid, this appeal is dismissed as abated.

Order Date :- 9.8.2021

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