Citation : 2021 Latest Caselaw 7973 ALL
Judgement Date : 14 July, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL APPEAL No. - 2795 of 2002 Appellant :- Kamlesh Respondent :- State of U.P. Counsel for Appellant :- S.P. Sharma Counsel for Respondent :- Govt. Advocate Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned A.G.A. and also perused the record.
This criminal appeal has been filed against the judgment and order dated 08.07.2002 passed by the Additional Sessions Judge/ Spcial Judge (E.C. Act) Lalitpur in S.T. No.46/98 (State vs. Kamlesh) under Section 302 IPC Police Station Banpur, District Lalitpur convicting the appellant (accused) under Section 304 (1) IPC and sentencing him to undergo rigorous imprisonment for seven years and imposing a fine of Rs. 1500/- and in default of payment of fine, additional one and a half years simple imprisonment have been imposed upon him.
From perusal of the report of Chief Judicial Magistrate, Lalitpur dated 02.04.2021, it transpires that the sole appellant- Kamlesh, has died.
In view of the above stated fact that the sole accused appellant 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 accused-appellant.
The present criminal appeal is accordingly, dismissed.
Order Date :- 14.7.2021
C. MANI
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