Bhagwan Singh vs State
2021 Latest Caselaw 7327 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL APPEAL No. - 83 of 1991
 

 
Appellant :- Bhagwan Singh
 
Respondent :- State
 
Counsel for Appellant :- J.S. Sengar
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned A.G.A. and also perused the record.

Upon perusal of the record, we come across the intimation in the shape of letter sent by the Chief Judicial Magistrate, Jhansi dated 31.03.2021, whereby the sole appellant-Bhagwan Singh died on 17.08.2018 and enquiry was made by the C.J.M., concerned in that regard.

By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dated 01.12.1990 passed by Sessions Judge, Jhansi in Criminal Session Trial No.223 of 1989 (State vs. Bhagwan Singh), whereby the sole-appellant was convicted for offence under Section 302 IPC and was sentenced to life imprisonment and further convicted under Section 201 IPC in which he was sentenced to five years rigorous imprisonment in that regard. Both the sentences have been ordered to run concurrently.

From perusal of the reports of Chief Judicial Magistrate, Jhansi 31.03.2021, it transpires that the sole appellant- Bhagwan Singh, have died.

In view of the above stated fact that Bhagwan Singh, the sole accused has since expired during the course of the pendency of this appeal, this criminal appeal stands abated.

Consequently, this criminal appeal is dismissed as abated on account the death of the sole appellant-Bhagwan Singh.

The present criminal appeal is accordingly, dismissed.

Order Date :- 8.7.2021

C. MANI