Citation : 2021 Latest Caselaw 528 ALL
Judgement Date : 8 January, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- CRIMINAL APPEAL No. - 159 of 2005 Appellant :- Smt.Usha Devi And Another Respondent :- State of U.P. Counsel for Appellant :- Ashutosh Singh Counsel for Respondent :- Govt.Advocate Hon'ble Mrs. Saroj Yadav,J.
1. None appears for the appellants.
2. Heard learned Additional Government Advocate and perused the record.
3. This appeal has been filed by the accused-appellants against the judgment and order dated 31.1.2005 passed by Shri G.K.Pandey, learned Additional Sessions Judge/F.T.C.No.5, Gonda in Sessions Trial No.137 of 1994, convicting each appellants under Section 304-B I.P.C. and sentencing to undergo eight years' rigorous imprisonment and also convicted under Section 498-A and sentenced to undergo two years' imprisonment and a fine of Rs.2000/- to each appellants and in default of payment of fine, to further undergo two months' imprisonment.
4. The report of the learned Chief Judicial Magistrate, Balrampur dated 10.2.2020 is on record according to which the appellant no.1 namely Usha Devi wife of Shiv Kumar @ Sadhu and appellant no.2 namely Smt. Gulaba Devi wife of Durga Prasad, resident of Village Chainpur Baderia, Police Station Tulsipur, District Balrampur have died.
Alongwith report of the C.J.M., report dated 8.2.2020 submitted by Shri Raj Kishore Verma, Sub Inspector, Police Station Tulsipur, District Balrampur and report of Gram Pradhan, Chainpur Baderia, Police Station Tulsipur, District Balrampur is enclosed.
5. Learned Additional Government Advocate has raised no objection against this report.
6. On the basis of the report submitted by the learned Chief Judicial Magistrate, Balrampur as referred above, this appeal stands abated under Section 394 of the Code of Criminal Procedure and accordingly abated.
7. 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.
8. Record of this court be consigned to the record room.
Order Date :- 8.1.2021
Shukla
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