Citation : 2021 Latest Caselaw 2739 ALL
Judgement Date : 19 February, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 32 Case :- CRIMINAL APPEAL No. - 301 of 2002 Appellant :- Sobran Respondent :- The State Of U.P. Counsel for Appellant :- Rajendra Kumar,Bhoopendra Pratap Singh,P.K. Punhani,R N S Chauhan Amicus Counsel for Respondent :- Govt.Advocate Hon'ble Mrs. Saroj Yadav,J.
Heard learned counsel for the appellant, learned A.G.A. appearing on behalf of the State and perused the record.
This appeal has been filed by the accused-appellant Sobran against the judgment and order dated 26.02.2002 passed by Additional District & Sessions Judge, Court No. 9, Sitapur in S.T. No. 1654 of 1997 (State Vs. Sobran and others) convicting and sentencing the accused appellant under Section 366/34 IPC for 10 years R.I. and a fine of Rs.1000/- and default of payment of fine further sentence of six months and under Section 368/34 IPC for 10 years R.I. and fine of Rs.1000/- and in default of payment of fine further sentence of six months and under Section 376 IPC for 10 years R.I. and fine of Rs.1000/- and in default of payment of fine further sentence of six months.
In pursuance of the order dated 27.01.2021 passed by the coordinate Bench of this Court, Chief Judicial Magistrate, Sitapur has submitted its report annexing therewith the report of Sub Inspector Mr. Ajay Dubey, presently posted at Police Station Naimisharanya, District Sitapur, statements of two sons of the appellant, certificate issued by Gram Pradhan of Gram Panchayat Lodhoura, Tehsil Mishrikh, District Sitapur as well as the Death Certificate issued by Block Development Officer, Mishrikh, District Sitapur indicating that the accused appellant Sobran has already expired around two months back.
Learned Additional Government Advocate has raised no objection against this report.
On the basis of the report submitted by the learned Chief Judicial Magistrate, Sitapur as referred above, this appeal stands abated under Section 394 of the Code of Criminal Procedure and accordingly abated.
Let the copy of this order be sent to the concerned trial court and original record, if summoned and received, also be sent back to the concerned trial court.
Record of this court be consigned to the record room.
Order Date :- 19.2.2021
Arun
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