Aslam Ansari vs The State Of Jharkhand
2023 Latest Caselaw 4403 Jhar

Jharkhand High Court

Aslam Ansari vs The State Of Jharkhand on 4 December, 2023

Author: Subhash Chand

Bench: Subhash Chand

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (SJ) No.399 of 2011

        Aslam Ansari                                         .....   ... Appellant
                                      Versus
        The State of Jharkhand                              .... .... Respondent
                                          --------

        CORAM :           HON'BLE MR. JUSTICE SUBHASH CHAND
                                          ------
        For the Appellant                   : None
        For the State                       : Mr. Gautam Rakesh, APP

                                         --------

08/04.12.2023           Learned APP for the State is present. No one appears on behalf
        of appellant.

2. It transpires from the record that vide order dated 30.10.2023 notice was issued to the appellant since the learned counsel for the appellant has stated that he had no contact with the appellant for a long period.

3. The affidavit is filed on behalf of Menka Biruli, the Sub- inspector of police station concerned annexed with the certificate issued by Mukhiya Sahara Khatoon of Gram Panchayat Karharbari, Block- Giridih Sadar dated 30.11.2023. In this affidavit it has been deposed that as per certificate issued by the Mukhiya wherein it is stated that the appellant Aslam Ansari has died 11 years ago.

4. The office report is also on record received from the police station concerned in which the same has been reiterated.

5. In view of the office report issued from the police station concerned and also the affidavit filed on behalf of the State it is found that the appellant Aslam Ansari has died 11 years ago during pendency of this criminal appeal.

6. It transpired from the record that this criminal appeal was preferred against the judgment of conviction dated 16.06.2010 and sentence dated 22.06.2010 wherein the appellant Aslam Ansari was held guilty for the offence under section 376 of IPC and was sentenced with imprisonment for 8 years and a fine of Rs.2,000/- In default of payment of fine he was further directed to undergo simple imprisonment for two months.

7. Since the appellant was also inflicted fine of Rs.2,000/- as on being sentenced of 8 years, therefore, notice be issued to the legal heirs of the deceased through the police station concerned in regard to proceed with this

criminal appeal.

8. The State is directed to ensure the compliance from the police station concerned on or before date fixed and also to file affidavit to this effect.

9. List on 16.01.2023.

(Subhash Chand, J.) RKM