State vs Tarsem Lal
2022 Latest Caselaw 804 j&K

                                                                       Sr.No. 29

                HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU

                                                     SLA No. 250/2014
                                                     In
                                                     CRAA No. 238/2014


State                                                                  ....Appellant (s)

                     Through :- Ms. Chetna Manhas, Advocate vice
                                Mr. Amit Gupta, AAG
          V/s

Tarsem Lal                                                            ....Respondent(s)


                    Through :-    None
Coram: HON'BLE MR. JUSTICE MOHAN LAL, JUDGE

                                     ORDER

20.05.2022

1. This Acquittal Appeal has been filed in the year 2014 against the judgment dated 31.10.2013 passed by the learned Principal Sessions Judge, Jammu in case (File No. 10/Special Challan), arising out of FIR no. 93/2009 of Police Station, Nowabad by virtue of which the respondent/accused has been acquitted.

2. In terms of this Court order dated 23.02.2022, notice was issued to the respondent to be executed by SHO Police Station, Nowabad, Jammu. Vide endorsement of the Assistant Registrar of this Court dated 03.03.2022 had issued notice to the accused/respondent for his presence before this Court.

3. On 14.05.2022, Chowkidar-Joginder Lal and Sarpanch Panchayat Halqa Samwan-Anu Radha have reported and furnished certificate dated 14.05.2022 that respondent-Tarsem Lal S/o Lage Sh. Tilak Raj Caste Brahmin, R/o Millain Di Khui P/o Pallanwala Tehsil Khour District Jammu (age about 43 years) has expired at home on 29.09.2017 due to illness. The SHO Police Station, Nowabad, Jammu on back side of the said certificate has also certified that respondent/accused Tarsem Lal has died.

4. Office noting dated 19.05.2022 depicts that the notice issued to the respondent has been received back by this Court indicating therein that the

CRAA No. 238/2014

Chowkidar of the concerned area has reported about the death of the respondent/accused.

5. In view of the documentary evidence on file in the nature of certificate issued by the Sarpanch-Anu Radha and Chowkidar-Joginder Lal and the certificate of SHO Police Station, Nowabad Jammu, it has been clearly established that accused/respondent Tarsem Lal S/o Late Sh. Tilak Raj, caste Brahmin R/o Millain Di Khui P/o Pallanwala, Tehsil Khour District Jammu has expired. As such, due to the death of respondent the proceedings of Acquittal Appeal, therefore, stand terminated/abated.

6. Disposed of accordingly.

(Mohan Lal) Judge

Jammu:

20.05.2022 Vijay