Diwan Singh vs State
2023 Latest Caselaw 3589 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL APPEAL No. - 2940 of 1988
 

 
Appellant :- Diwan Singh
 
Respondent :- State
 
Counsel for Appellant :- P N Mishra
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Shiv Shanker Prasad,J.

This appeal is listed in the category of cases which are likely to be abated on account of death of the appellants.

This appeal has been filed against judgment and order dated 22.12.1988, passed by IVth Additional Sessions Judge, Bulandshahr, in Sessions Trial No.316 of 1987, wherein the accused appellants have been convicted and sentenced under Sections 302/34, 302, 336, 336/34 IPC and 25 Arms Act. The maximum sentence awarded to them is life imprisonment.

A letter has been received from the Chief Judicial Magistrate, Bulandshahr, stating that the appellant no.1 Diwan Singh has died one year ago and appellant no.2 Rajendra Singh has died on 16.5.2021. Documents in that regard have been annexed alongwith the communication of the Chief Judicial Magistrate, Bulandshahr.

Since the appellants have already died during the pendency of appeal, as such this appeal abates and is, accordingly, dismissed.

Order Date :- 3.2.2023

Anil