Allahabad High Court
Smt.Ram Kumari And Ors. vs State Of U.P. on 8 April, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- CRIMINAL APPEAL No. - 300 of 1987
Appellant :- Smt.Ram Kumari And Ors.
Respondent :- State of U.P.
Counsel for Respondent :- G.A.
connected with
(1) Case :- CRIMINAL APPEAL No. - 367 of 1987
Appellant :- Gula And Ors.
Respondent :- State of U.P.
Counsel for Appellant :- A.B.Misra
Counsel for Respondent :- G.A.
(2) Case :- CRIMINAL APPEAL No. - 580 of 1988
Appellant :- Raghunandan
Respondent :- State of U.P.
Counsel for Respondent :- G.A.
(3) Case :- CRIMINAL APPEAL No. - 585 of 1988
Appellant :- Sukh Ram
Respondent :- State of U.P.
Counsel for Respondent :- G.A.
(4) Case :- CRIMINAL APPEAL No. - 586 of 1988
Appellant :- Chandrika
Respondent :- State of U.P.
Counsel for Respondent :- G.A.
(5) Case :- CRIMINAL APPEAL No. - 591 of 1988
Appellant :- Gula
Respondent :- State of U.P.
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
None appears on behalf of the appellants to press the aforesaid appeals. However, Mrs. Smiti Sahai, learned Additional Government Advocate for the respondent-State is present.
Since all the Criminal Appeals arise out of common judgment and order dated 21.4.1987 passed by the V Additional Sessions Judge, Hardoi in Sessions Trial No.272 of 1986, arising out of Crime No.13-A of 1986, under Sections 147/302/149/201 I.P.C., Police Station Kasimpur, District Hardoi, they are taken up together for common orders.
Briefly it is stated that there are eight accused, namely, Raghunandan, Chandrika, Sukhram, Gula, Sitaram, Sripal, Ram Kumari and Naka alias Larikaunoo and they were convicted as stated here-in-above. After conviction, accused-appellants Smt. Ram Kumari and Raghunandan had preferred Criminal Appeal No.300 of 1987, whereas other six accused-appellants had preferred Criminal Appeal No. 367 of 1987 through their respective Counsels. During pendency of both these appeals, Sukh Ram, Chandrika, Gula and Raghunandan had preferred Appeals from jail separately.
Since all the appeals are old, the Registry of this Court has sent a letter to the Chief Judicial Magistrate concerned to know about the living status of the appellants.
As per office report dated 11.1.2022 in Criminal Appeal No. 300 of 1987, the Chief Judicial Magistrate, Hardoi has sent a compliance report dated 04.10.2021 wherein he has mentioned that the appellant No.1-Smt. Ram Kumari and appellant No.2-Raghunandan have died. In support of his report, he has enclosed the report of concerned Police Station, Death Certificate issued by the Gram Pradhan, statement of Sub-Inspector and Gram Pradhan.
In Criminal Appeal No. 367 of 1987, as per office report dated 13.1.2022, the Chief Judicial Magistrate, Hardoi has sent a compliance report dated 04.10.2021 wherein he has mentioned that appellant No.1/Gula, appellant No.2/Sita Ram, appellant No.3/Shri Pal, appellant No.4/Chandrika, appellant No.5/Sukh Ram and appellant No.6/Naka alias Larikaunoo have died. In support of his report, he has enclosed the report of concerned Police Station, Death Certificates issued by the Gram Pradhan, statements of Sub-Inspector and one villager.
Taking into consideration of both these compliance reports, it is crystal clear that all the eight accused-appellants died. Therefore, both the Criminal Appeal Nos.300 of 1987 and Criminal Appeal No. 367 of 1987 shall stand abated.
Since the appeals preferred by the respective appellants abated, Criminal Appeal No.580 of 1988 preferred by Raghunandan, Criminal Appeal No. 585 of 1988 preferred by Sukh Ram, Criminal Appeal No. 586 of 1988 preferred by Chandrika and Criminal Appeal No.591 of 1998 preferred by Gula are consigned to records.
.
[Mrs. Saroj Yadav, J.] [Ramesh Sinha, J.]
Order Date :- 8.4.2022
lakshman
