Virendra Kumar vs State Of U.P.
2021 Latest Caselaw 526 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CRIMINAL APPEAL No. - 830 of 2005
 

 
Appellant :- Virendra Kumar
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Satyendra Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Mrs. Saroj Yadav,J. 

1. None appears for the appellant.

2. Heard learned Additional Government Advocate and perused the record.

2. This appeal has been filed by the accused-appellant Virendra Kumar against the judgment and order dated 1.6.2005 passed by Shri Sayyed Wiez, learned Additional Sessions Judge, FTC-III, Lucknow in Sessions Trial No.1113 of 1998 arising out of Crime No.104 of 1998, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Bakshi Ka Talab, District Lucknow convicting the appellant under Section 498-A I.P.C. and sentencing to undergo two and half years' rigorous imprisonment, under section 304-B I.P.C. to undergo ten years' rigorous imprisonment.

3. The report of the learned Chief Judicial Magistrate, Lucknow dated 31.8.2020 is on record according to which the appellant- accused Virendra Kumar son of Ishwari, resident of Village Deveri Rukhra, Police Station Bakshi Ka Talaab, Lucknow has died on 25.10.2009.

Alongwith report, deathcertificate of Virendra Yadav issued by issued by Health Department, Govt. of U.P. dated 5.7.2010 is being enclosed.

4. Learned Additional Government Advocate has raised no objection against this report.

5. On the basis of the report submitted by the learned Chief Judicial Magistrate, Lucknow as referred above, this appeal stands abated under Section 394 of the Code of Criminal Procedure and accordingly abated.

6. 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.

7. Record of this court be consigned to the record room.

Order Date :- 8.1.2021

Shukla