Pradeep Damami & Another vs State Of M.P.
2021 Latest Caselaw 8639 MP

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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
         D.B.: Hon'ble Shri Justice Vivek Rusia
     Hon'ble Shri Justice Satyendra Kumar Singh, JJ.

                    Criminal Appeal No.1370/2007
1    Pradeep S/o Prabhulal Damami, aged
     about 35 years,                    Appellant (s)
2    Prabhulal S/o Bhagirath Damami, aged
     about 60 years
     Both R/o Village Kharwakhurd, P.S.
     Taal, District Ratlam.
                                Versus
     State of Madhya Pradesh, through Police
     Station Taal, District Ratlam.          Respondent (s)

Shri Nilesh Dave learned counsel for the appellant

Ms Mamta Shandilya, learned Government Advocate for the
respondent/State.
                   JUDGMENT

(Delivered on 10.12.2021) PER VIVEK RUSIA, J: -

This is an appeal preferred by the appellants against the judgment dated 31.10.2007, passed by the 3rd Additional Sessions Judge Ratlam, in Sessions Case No.87/2007, thereby he has been convicted for an offence punishable under Section 304 (Part-I) of the Indian Penal Code, 1860 ("IPC") and sentencing to suffer four year R.I. and fine of R.200/- each with default stipulation.

Learned counsel for the appellants submits that second appellant Prabhulal died on 27.12.2007, hence, appeal abated qua the second appellant- Prabhulal.

In view of the above, appeal is abated qua the second appellant Prabhulal.

So far as appellant No.1 Pradeep is concerned, he has

convicted under Section 304 (Part-I) for a period of 4 years, which he has already undergone, therefore, nothing survive in this appeal, hence, he prays for withdrawal of the same.

In view of the above, Criminal Appeal No.1370/2007 is dismissed as withdrawn qua Appellant No.1 Pradeep.

Certified copy as per Rules.

          ( VIVEK RUSIA )                    (SATYENDRA KUMAR SINGH )
                    JUDGE                            JUDGE


          praveen




PRAVEEN NAYAK
2021.12.15 16:14:45
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