Pradeep Mathuriya vs State Of Chhattisgarh
2023 Latest Caselaw 170 Chatt

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                                                                                        NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                   CRA No. 1183 of 2013
             Pradeep Mathuriya S/o Late Mahadev Mathuriya Aged About
             36 Years R/o. Village Barga, Police Station Lalbagh, District
             Rajnandgaon (C.G.)
                                                                              ---- Appellant
                                             Versus
             State of Chhattisgarh Through Station House Officer, Out Post
             Chichola, Police Station Chhuriya, District Rajnandgaon
             (C.G.).
                                                                          ---- Respondent
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For Appellant : Ms. Muskan Fatwani, Advocate on behalf of Mr. B. P. Singh, Advocate For Respondent/State : Ms. Seema Dixit, P.L.

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Hon'ble Shri Justice Radhakishan Agrawal Order on Board

09.01.2023

1. In this appeal filed under Section 374(2) Cr.P.C., the appellant has

challenged the legality, validity and propriety of the judgment of

conviction and order of sentence dated 13.11.2013 passed by

Additional Sessions Judge, Khairagarh Link Court Dongargarh,

(C.G.) in S.T. No. 01 of 2013, whereby and whereunder the

appellant stands convicted and sentenced as under :-

Conviction Sentence Under Section 376(1) of Indian Rigorous imprisonment for seven Penal Code years and fine of Rs. 4000/-, in default of payment of fine amount to undergo additional simple imprisonment for three months.

        Under Section 506(B) of                    Rigorous imprisonment for three
        Indian Penal Code                          years and fine of Rs. 1000/-, in
                                                   default of payment of fine
                                                   amount to undergo additional




                                              simple imprisonment         for    one
                                              month.

(Both the sentences were directed to run concurrently).

2. Learned counsel for the appellant submits that appellant Pradeep

Mathuriya son of Late Mahadev Mathuriya has died on

02.11.2022. As per PUD dated 23.12.2022 learned Additional

Sessions Judge, Dongargarh, District Rajnandgaon (C.G.)

informed that appellant Pradeep Mathuriya has died on

02.11.2022 and death certificate is also enclosed along with PUD.

However, no application has been filed by the legal heirs of the

deceased to prosecute this appeal.

3. Accordingly, this appeal stands abated and is dismissed as such.

Sd/-

(Radhakishan Agrawal) Judge Yogesh