Lakhan And Others vs State Of U.P.
2022 Latest Caselaw 1648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL APPEAL No. - 2337 of 1983
 

 
Appellant :- Lakhan And Others
 
Respondent :- State of U.P.
 
Counsel for Appellant :- ,Preet Pal Singh Rathore
 
Counsel for Respondent :- D.G.A.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Sameer Jain,J.

This appeal has been filed by three appellants, Lakhan, Kripal and Piarey, against the judgment and order dated 26.09.1983 passed by the Third Additional District and Sessions Judge, Budaun in S.T. No.105 of 1982 connected with S.T. No.451 of 1982 convicting the appellants under Sections 302/34 and sentencing them to imprisonment for life.

The office vide report dated 09.03.2022 has placed on record the report dated 17.01.2022 (flagged 'P') received from the Chief Judicial Magistrate, Budaun in which it is stated that from the statement of the witnesses it is clear that all the three appellants, namely, Lakhan son of Toti, Kripal son of Lakhan and Piarey son of Lochan have died. The report is accompanied by documents as well as the statements of the witnesses who have deposed with regard to the death of the appellants.

As there was some discrepancy, a fresh report dated 01.04.2022 has been submitted by the Chief Judicial Magistrate, Budaun, which has been flagged 'Q'. This report reiterates that all the three appellants have died.

In view of the above, as all the three appellants are no more alive, the appeal stands abated.

Let the record of the appeal be consigned.

If the record of the court below has been received at this end, the same shall be sent back along with information with regard to the abatement of the appeal.

Order Date :- 27.4.2022

AKShukla/-