Mangali And Others vs State Of U.P.
2021 Latest Caselaw 2256 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 
Case :- CRIMINAL APPEAL No. - 877 of 1981
 
Appellant :- Mangali And Others
 
Respondent :- State of U.P.
 
Counsel for Appellant :- S.Mirza,Jalis Ahmad,M.Afzal,M.Naseerullah,Rajesh Kumar Divedi
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Rajan Roy,J.

Hon'ble Saurabh Lavania,J.

Heard.

Shri Rajesh Kumar Divedi, learned Advocate was appointed as amicus curie in this case on 11.02.2019. The matter was heard on various dates and the judgment was reserved after hearing Shri Divedi and learned A.G.A. on 15.02.2019. Thereafter, it was ordered to be listed for further hearing. Even thereafter, the matter was heard on several dates. Out of three appellants, appellants No. 1 and 2 died and the appeal stood abated as regards them, a fact which is mentioned in the order dated 11.02.2019 passed in this appeal. The appellant- Tula Ram in the connected Appeal bearing No. 878 of 1981 has also died and the said appeal has abated as is mentioned in the order dated 11.02.2019. This criminal appeal survived only in respect of appellant no. 3- Bhabhuti. Shri Rajesh Kumar Divedi, learned amicus curie and learned A.G.A. were heard on several dates as is borne out from the order sheet.

On 22.01.2021 we had sought a report as to whether the appellant no. 3 would like to engage own counsel or would be satisfied with the appointment of the amicus curie.

In response to aforesaid the Jail Superintednent, Hardoi has sent a letter dated 02.02.2021 to the Deputy Registrar (Criminal) of this Court at Lucknow informing that the appellant no. 3 convict- Bhabhuti S/o Bhajja died on 10.01.2019 while undergoing treatment at District Hospital, Hardoi.

In view of the above, the appeal as regards the appellant no. 3- Bhabhuti also stands abated. The appeal is accordingly dismissed as abated. However, in view of the effective hearing made by the amicus Shri Rajesh Kumar Divedi, we order that he shall be entitled to consolidated fee for his services to the extent of Rs. 20,000/- for providing assistance to the Court.

(Saurabh Lavania,J.) (Rajan Roy,J.)

Order Date :- 11.2.2021/R.K.P.