Chhotey vs State
2021 Latest Caselaw 7062 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL APPEAL No. - 809 of 1990
 

 
Appellant :- Chhotey
 
Respondent :- State
 
Counsel for Appellant :- R N Sharma
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Hon'ble Syed Aftab Husain Rizvi,J.

Heard.

Perused the material brought on record.

By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 05.04.1990 passed by XI-Additional Sessions Judge, Meerut, in Session Trial No.235 of 1988 State Vs. Lakhi and another, under Sections 302, 364 I.P.C., Police Station Kithore, District Meerut whereby the appellant has been sentenced to undergo imprisonment for life under Section 302 I.P.C. coupled with fine Rs.1000/-, in default of payment of fine, three months additional imprisonment and five years rigorous imprisonment under Section 364 I.P.C. coupled with fine Rs.1000/- in default of payment of fine, three months additional imprisonment. Both the sentences were ordered to run concurrently.

In compliance of the order dated 07.03.2018 passed by coordinate Bench of this Court, Chief Judicial Magistrate, Meerut has reported vide letter dated 13.06.2018 that the sole appellant Chhotey has died many years ago.

In view of above, this appeal is liable to be dismissed as abated.

The present appeal is, accordingly, dismissed.

Order Date :- 5.7.2021

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