State Of U.P. vs Lallan Babu
2023 Latest Caselaw 3092 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- GOVERNMENT APPEAL No. - 261 of 2000
 

 
Appellant :- State of U.P.
 
Respondent :- Lallan Babu
 
Counsel for Appellant :- Govt.Advocate
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

Heard learned A.G.A. for the State-appellant..

This is a State appeal filed against the judgment and order dated 31.01.1992 passed in S.T. No.95 of 1991 whereby the respondent-accused was acquitted under Sections 408(A), 304(B), 201 and 203 I.P.C., Police Station Bighapur, District Unnao.

A report was sought from the C.J.M., Unnao vide letter dated 30.09.2019 with regard to the living status of the respondent nos. 1 & 3 namely Lallan Babu and Smt. Kusuma as respondent no.2 had already died. If the respondents are no more, a complete verified death report was to be obtained.

Office report dated 05.01.2023 reveals that a compliance report from the C.J.M., Unnao dated 23.12.2022 has been received and as per the said report, the respondent nos. 1 & 3 i.e. Lallan Babu and Smt. Kusuma have died which has been duly verified by the police station concerned. The death certificate of the respondent no.1 & 3 issued by Government of Uttar Pradesh and the report of concerned police station, the certificate issued by Nagar Panchayat and the statements made before the court concerned with respect to the death of the respondent nos.1 & 3 are on record.

As per the report of report of C.J.M., Unnao, the I/c Registrar (J)(L) has also put up a report, according to which, the respondent nos.1 & 3 died.

In view of the aforesaid facts and circumstances of the case, the present appeal stands abated as the respondents are no more.

File is consigned to record.

Order Date :- 30.1.2023

S. Shivhare