Rajendra vs State Of U.P.
2021 Latest Caselaw 3170 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL No. - 399 of 1981
 

 
Appellant :- Rajendra
 
Respondent :- State of U.P.
 
Counsel for Appellant :- R.K. Shanglo
 

 
Hon'ble Dinesh Pathak,J.

Due to resolution passed by the Bar Association, lawyers are abstaining from judicial work.

Learned A.G.A. is present.

Present criminal appeal has been preferred against the judgment and order dated 02.02.1981 passed by the IIIrd Additional Sessions Judge, Muzzafar Nagar in Sessions Trial No. 163 of 1979 convicting and sentencing the appellant under Section 399 IPC to undergo 03 years rigorous imprisonment, under Section 402 IPC to undergo 02 years rigorous imprisonment and under Section 25(1)(a) Arms Act to undergo one year rigorous imprisonment. All the sentences were directed to run concurrently.

By the order dated 17.02.1981 passed by this Court, the appeal was admitted, notice was directed to be issued. Simultaneously, bail was granted to the appellant.

Record reveals that against the judgment and order dated 02.02.1981, two separate appeals were filed by the two accused persons. Criminal Appeal No.500 of 1981 was filed by Yogendra and the instant Criminal Appeal No. 399 of 1981 was filed by Rajendra, who were convicted and sentenced by the impugned judgment.

In connected Criminal Appeal No.500 of 1981, this Court had passed an order dated 28.02.2020 directing the Chief judicial Magistrate concerned for submitting a report qua living status of the sole appellant Rajendra.

In compliance of the said order, Chief Judicial Magistrate, Meerut has submitted a report dated 13.07.2020 (Flag-A) stating therein that the sole appellant-Rajendra s/o. Maharaj Singh had died on 05.07.1998.

To verify the factum of death of the appellant-Rajendra, the C.J.M. has recorded statements of Vipin Kumar Verma (Sub Inspector), Devendra (Younger brother of the appellant) and Jatin (Nephew of the appellant), which have been annexed with the report. Police report of the concerned police station and death certificate issued by Pradhan, Gram Panchayat Pilauna, Vikas Khand Mawana, District Meerut are also enclosed with the said report.

From the report submitted by the concerned Chief Judicial Magistrate, it is evident that the sole appellant had already died. Therefore, no useful purpose would be served to keep the matter pending and the Court has no option but to dismiss the appeal as abated.

Accordingly, the appeal is dismissed as abated.

Order Date :- 5.3.2021

VR/