Gautam Kurmi vs State Of Chhattisgarh
2022 Latest Caselaw 5791 Chatt

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                                                                      NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                         CRR No. 379 of 2008

    Gautam Kurmi, Aged about- 35 years, S/o- late Ganeshram Kurmi, R/
     o- Tikrapara, P.S. City Kotwali, Bilaspur (C.G.)

                                                              ---- Applicant

                                  Versus

    State of Chhattisgarh, Through- P.S. City Kotwali, Bilaspur (C.G.).

                                                         ---- Non-Applicant



     For Applicant     : None
     For Non-Applicant : Shri Sudhir Sahu, Panel Lawyer


             Hon'ble Shri Justice Rakesh Mohan Pandey
                            Order on Board
15.09.2022

1) This Court vide order dated 05.08.2022 has observed that a report submitted by the Station House Officer, City Kotwali, Bilaspur, pointing out that the applicant has died on 17.01.2022, found difference in address and surname of the applicant from the particulars mentioned in the memo of this criminal revision and thus State counsel was directed to ascertain the said fact.

2) Today, learned State counsel has come with another memo dated 12.09.2022, wherein it is stated that Goutam Kurmi @ Goutam Kashyap has died on 17.01.2022 and in his death certificate name Goutam Kurmi is mentioned. It is also stated that he was prosecuted under the Crime No. 175/2006 registered for the offence punishable under Sections 326, 294, 506 of IPC.

3) It is a case where the present applicant was convicted and sentenced by the Chief Judicial Magistrate First Class, Bilaspur (C.G.) in Criminal Case No. 2946/2006 dated 25.02.2008 under Section 326 of IPC and sentenced to undergo RI for 3 years and to pay fine of Rs. 300/- and in default of payment of fine, further SI for 3 months. The appeal was preferred by the applicant before the learned Special Judge, Atrocities, Bilaspur which was

registered as Criminal Appeal No. 14/2008 and vide judgment dated 12.03.2008, the learned Special Judge modified the conviction and reduced the jail sentence from 3 years RI to 2 years RI, however, fine sentence was maintained.

4) It appears that sole applicant in this case has died on 17.01.2022

but till date no application has been moved by the legal heirs of

the applicant to prosecute this Criminal Revision.

5) Consequently, this criminal revision is dismissed as stand abated

on account of death of the applicant.

Sd/-

(Rakesh Mohan Pandey) Judge Nadim