Citation : 2023 Latest Caselaw 14280 ALL
Judgement Date : 5 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL APPEAL No. - 206 of 2000 Appellant :- Om Prakash Respondent :- State of U.P. Counsel for Appellant :- R.N. Shukla Counsel for Respondent :- Govt Advocate Hon'ble Attau Rahman Masoodi,J.
Hon'ble Brij Raj Singh,J.
This appeal has been filed under Section 374 CrPC read with Section 389 CrPC against the judgment and order dated 16.2.2000, passed by the Ist Additional Sessions Judge, Sitapur in S.T. No.68 of 1993 (State. Vs. Om Prakash and others.), in case crime No.290 of 1992 under Section 452, 307/34, 302/34 IPC, PS Mishrikh, district Sitapur.
The living status report of the sole appellant was called for. In response thereto, the Chief Judicial Magistrate, Sitapur has forwarded the report on 18.4.2023. The report submitted to this Court is stating that the sole appellant has died during pendency of the present criminal appeal. The death of the sole appellant 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 appellant has died about 5 years ago.
In view of the report submitted by the Chief Judicial Magistrate, Sitapur, the 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)
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