Horilal @ Hari Lal Banjarey vs State Of Chhattisgarh
2025 Latest Caselaw 164 Chatt

Chattisgarh High Court

Horilal @ Hari Lal Banjarey vs State Of Chhattisgarh on 7 May, 2025

Author: Rajani Dubey

Bench: Rajani Dubey

                                                       1




                                                                          2025:CGHC:20995


                                                                                      NAFR

                             HIGH COURT OF CHHATTISGARH AT BILASPUR


                                             CRA No. 590 of 2007

                       Horilal @ Hari lal Banjarey, S/o Sukhram Banjarey, aged about 23
                        years, R/o Near Sitla mandir Chowk, Khamtarai, Tahsil and
                        District Raipur (C.G.) .
                                                                                  ... Appellant
                                                    versus
                       State of Chhattisgarh Through : District Magistrate, Raipur (C.G.)
                                                                               ... Respondent

For Appellant : Mr. C.R. Sahu, Advocate For Respondent : Mr. Nand Kumari Kashyap, P.L.

Hon'ble Smt. Justice Rajani Dubey Judgment On Board

07/05/2025

1. The present appeal is directed against impugned judgment of

conviction and order of sentence dated 30.06.2007 passed by the

3rd Additional Sessions Judge, Raipur (C.G.) in Sessions Trial

No.251/2006, whereby and whereunder, the appellant stands

convicted under Sections 294, 506-B, 307 of IPC & sentenced

him to undergo S.I. for 01 years, R.I. for 02 year and R.I. for 7

years with fine of Rs. 300/- respectively, plus default stipulation.

2. Learned counsel for the appellant submits that during the

pendency of appeal, the sole appellant left for heavenly abode on

27.03.2009 and he has also filed death certificate of the appellant

issued by the competent authority in this regard.

3. Learned State counsel has gone through the death certificate

submitted by learned counsel for the appellant and confirmed the

death of sole appellant on 227.03.2009.

4. Thus, in view of the death of sole appellant and in absence of any

application for bringing his legal representatives on record, the

appeal abates and the same is dismissed as abated.

5. The death certificate submitted by learned counsel for the

appellant be taken on record.

Sd/-

(Rajani Dubey) JUDGE

pekde