Citation : 2022 Latest Caselaw 596 ALL
Judgement Date : 6 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL APPEAL No. - 364 of 1993 Appellant :- Ramasarey And Others. Respondent :- State of U.P. Counsel for Appellant :- I. Murtaza Counsel for Respondent :- Govt. Advocate Hon'ble Arvind Kumar Mishra-I,J.
Hon'ble Manish Mathur,J.
Heard learned counsel for the parties, learned A.G.A. for the State and perused the material on record of this appeal.
This appeal has been preferred by appellants- Ram Asrey and Brij Kishore- against the judgment and order of II Additional Sessions Judge (Special Judge, Gangster Act), Lucknow dated 23.08.1993 in Criminal Case No.40 of 1987, under Section 302 IPC, Police Station- Pasgawan, District Kheri, convicting and sentencing the appellants under Section 302 IPC for life imprisonment.
From perusal of the report of the Chief Judicial Magistrate, Lakhimpur Kheri dated 25.11.2020 which is on record of this appeal, it transpires that both the appellants in this appeal- Ram Asrey and Brij Kishore have died 25 years and 20 years before, respectively.
Learned A.G.A. has submitted that in view of the report of Chief Judicial Magistrate, Lakhimpur Kheri dated 25.11.2020, this appeal is liable to be abated.
In view of the submission made by learned A.G.A and on perusal of the recitals contained in report of Chief Judicial Magistrate, Lakhimpur Kheri, this appeal is dismissed as abated.
Order Date :- 6.4.2022
Raj
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