Suresh vs State Of U.P.
2022 Latest Caselaw 5109 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL APPEAL No. - 1147 of 2009
 

 
Appellant :- Suresh
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Vinod Anand Dixit,S.C. Sitapuri
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Ajai Kumar Srivastava-I,J.

Case is called out. None appears on behalf of appellant to press the instant appeal. However, Shri Arun Kumar Pandey, learned A.G.A. for the State-respondent is present.

The instant appeal has been filed against the judgment and order dated 19.03.2009 passed by Additional Sessions Judge/F.T.C. Court No.6, Sitapur whereby the appellant has been convicted and sentenced in S.T. No.136 of 2002, arising out of Crime No.331 of 2001 whereby the appellant was convicted and sentenced for life under Section 302 I.P.C. with a fine of Rs.2000/-.

Learned A.G.A. stated that as per instructions received by him the sole appellant -Suresh, who was in jail, was taken to District Hospital, Bareilly for his ailment where he died on 14.11.2014 during the course of treatment and there has been no application moved by the legal heirs of appellant to continue the Appeal regarding fine imposed on the said appellant for the offences in question in view of Section 394(2) Cr.P.C. Moreover, the period of thirty days to approach this Court from the date of death of appellant has also lapsed.

Copy of letter dated 19.05.2022 of the Senior Superintendent, Central Jail, Bareilly, addressed to Government Advocate of this Court, is taken on record.

In view of the aforesaid, the instant appeal stands abated on behalf of sole appellant - Suresh and the same is consigned to record.

(Ajai Kumar Srivastava-I, J.) (Ramesh Sinha, J.)

Order Date :- 9.6.2022

Anand Sri./-