Santosh Kumar And Ors vs The State Of C.G
2021 Latest Caselaw 3175 Chatt

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                                                                              NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                           Criminal Appeal No. 383 of 2001
   1. Santosh Kumar S/o Goverdhan Shrivas, aged 18 years,
   2. Santosh Kumar S/o Sakharam Shrivas, aged 22 years,
       Both residents of Laxman Ban Talab Korba, District Korba (Chhattisgarh)
                                                                      ---- Appellants
                                    Versus
      State of Chhattisgarh Through Station House Officer, Police Station Korba,
       District Korba (C.G.)
                                                           ---- Respondent/State

  For Appellants       :      None
  For Respondent/State :      Shri Rahim Ubwani, Panel Lawyer

Hon'ble Shri Justice Gautam Chourdiya, J Order 16.11.2021

1. This appeal arises out of the judgment of conviction and order of sentence

dated 31.03.2001 passed by the Additional Sessions Judge, Korba, District

Korba (C.G.) in Sessions Trial No. 343/97, whereby each of the appellants

stands convicted and sentenced as under:-

                   Conviction                             Sentence
          Under Section 304 Part-II of       Rigorous imprisonment for five years
          IPC                                and to pay fine of Rs.2,000/- each, in

default of payment of fine, to further undergo simple imprisonment for one years

2. In the report dated 12.11.2021 received from Station House Officer, Police

Station Kotwali - Korba, District Korba (C.G.), it is mentioned that the

appellants have died. Alongwith the said report, death certificates of the

appellants are annexed. As per death certificates, appellant No.1 Santosh

Kumar S/o Goverdhan Shrivas died on 08.10.2009 and appellant No. 2

Santosh Kumar S/o Sakharam died on 11.11.2013.

3. Considering the fact that both the appellants died 08.10.2009 & 11.11.2013,

the fact regarding pendency of the present appeal was well within the

knowledge of family members of both the appellants and despite that no

applications were moved on behalf of the legal heirs of the appellants to

prosecute this appeal, the present appeal stands abated and is disposed of

as such.

Sd/-

(Gautam Chourdiya) Judge

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