Krishna Behari Saran vs State Of U.P.
2023 Latest Caselaw 4935 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 
Case :- CRIMINAL APPEAL No. - 1370 of 1984
 
Appellant :- Krishna Behari Saran
 
Respondent :- State of U.P.
 
Counsel for Appellant :- P.P. Srivastava
 
Counsel for Respondent :- A.G.A.
 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the accused-appellant and the learned A.G.A. for the State.

The present appeal has been preferred against the judgment and order dated 09.05.1984 passed by III Additional District and Sessions Judge, Gorakhpur in Special Case No. 04 of 1979 (State Vs. Krishna Behari Saran) thereby convicting the appellant under Section 161 I.P.C. and under Section 5(2) of the Prevention of Corruption Act; and sentencing him to undergo six months rigorous imprisonment under Section 161 I.P.C. and six months' rigorous imprisonment under Section 5(2) of the Prevention of Corruption Act with a further direction that both the sentences shall run concurrently.

As per office report, despite best efforts made by the police the whereabouts of accused appellant could not be traced. It is pertinent to note that the offence is of the year 1977 which was allegedly committed approximately forty six years back. The trial in respect of offence of accepting bribe of Rs.10/- by the accused appellant, got concluded on 09.05.1984 and since 1984 the present appeal remains pending.

Considering the fact that the whereabouts of the accused appellant are not known, this Court can fairly presume that the accused appellant is not alive. Therefore, on this presumption the appeal is dismissed as abated.

Consigned to record.

Order Date :- 14.2.2023/Arun K. Singh