Shiv Narayan vs State Of Chhattisgarh
2022 Latest Caselaw 95 Chatt

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                                                                  NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

                         CRA No. 490 of 2015


1.   Shiv Narayan S/o Late Kriparam, Aged About 48 Years, R/o
     Village Kui, P.S. Kukdur, Civil And Revenue Distt. Kabirdham
     (C.G.)

                                                          ---- Appellant
                                Versus

1.   State Of Chhattisgarh, Through Station House Officer, Police
     Station Kukdur, Distt. Kabirdham (C.G.).

                                                       ---- Respondent

For Appellant : Mr. F.S. Khare, Advocate. For Respondent/State : Ms. Binu Sharma, P.L.

Hon'ble Shri Justice Gautam Chourdiya Judgment On Board

06/01/2022

1) This appeal is filed under Section 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 09/04/2015 passed by Special Judge Kabirdham (Kawardha), District Kabirdham (C.G.) in Special Case No. 98/2014; whereby the appellant stands convicted and sentenced as under:-

                  Conviction                       Sentence
      Under Section 3(1)(R)(S) of        R.I. for 6 months and fine of
      the Scheduled Castes and           Rs. 1,000/-, in default of
      Scheduled Tribes (Prevention       payment of fine additional R.I.
      of Atrocities) Act, 1989           for 1 month.

Under Section 294 of Indian R.I. for 6 months. Penal Code (Both the sentences were directed to run concurrently)

2) As per PUD received from Special Judge Kawardha, District Kabirdham (C.G.) dated 30/10/2021, the sole appellant in this case has died on 27/04/2021 and till date no application has been filed by the legal heirs of the appellant for prosecuting this appeal.

3) Learned counsel for respondent/State upon verification confirms the fact regarding death of the appellant on 27/04/2021.

4) In view of above, as the sole appellant has dies and there is no application for prosecuting this appeal on behalf of legal heirs, the appeal stands abated and is dismissed as such.

-Sd/-

                                               (Gautam Chourdiya)
Chandrakant                                          Judge