State Of U.P. vs Bharat
2023 Latest Caselaw 14273 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- GOVERNMENT APPEAL No. - 682 of 1991
 

 
Appellant :- State of U.P.
 
Respondent :- Bharat
 
Counsel for Appellant :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Brij Raj Singh,J.

This appeal has been filed under Section 378 CrPC against the judgment and order dated 6.8.1991 passed by the Additional Assistant Sessions Judge, Kheri in S.T. No.277 of 1990 (State. Vs. Bharat), under Section 376 IPC, PS Kotwali, Lakhimpur Kheri.

The living status report of the sole respondent was called for. In response thereto, the Chief Judicial Magistrate, Lakhimpur Kheri has forwarded the report on 3.4.2023. The report submitted to this Court is stating that the sole respondent has died during pendency of the present criminal appeal. The death of the sole respondent was verified on the basis of the statement of local Gram Pradhan and some other neighbours as well as Sub-Inspector of local police station that the sole respondent has died 20 years ago.

In view of the report submitted by the Chief Judicial Magistrate, Lakhimpur Kheri, the State appeal has abated and the same is accordingly dismissed as abated.

(Brij Raj Singh,J.) (Attau Rahman Masoodi,J.)

Order Date :- 5.5.2023

Rajneesh JR-PS)