Citation : 2023 Latest Caselaw 12768 MP
Judgement Date : 8 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 8 th OF AUGUST, 2023
CRIMINAL APPEAL No. 1116 of 2017
BETWEEN:-
UREV SINGH KIRAR S/O SHRI KHUSHILAL KIRAR,
AGED ABOUT 84 YEARS, R/O VILL. KATSARA P.S. CIVIL
LINES VIDISHA (MADHYA PRADESH)
.....APPELLANT
(SHRI VIJAY KUMAR AGARWAL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION CIVIL LINES, VIDISHA (MADHYA PRADESH)
.....RESPONDENT
(SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR )
T h is appeal coming on for order this day, t h e cou rt passed the
following:
ORDER
This criminal appeal under Section 374 of the Cr.P.C. is preferred
against the judgment of conviction and sentence dated 26.07.2017 passed by learned Sessions Judge, Vidisha (M.P.) in ST No.234/2016, whereby the appellant has been convicted under Section 307 of IPC and sentenced to undergo for seven years RI with fine of Rs.50,000/-, with default stipulation.
Heard on IA No.2558/2023, an application for deleting the name of the appellant - Urevsingh Kirar in appeal memo.
It is submitted that appellant - Urevsingh Kirar has expired on 31.10.2022 at his place of residence, District-Vidisha. Therefore, he prays for deletion of Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 8/9/2023 10:26:39 AM
the name of the appellant from the case/appeal.
Verification is done by SHO Police Station- Civil Lines, Vidisha to the effect that appellant - Urevsingh Kirar has died on 31.10.2022. Along with verification report, death certificate of appellant - Urevsingh Kirar is enclosed.
Appellant- Urevsingh Kirar has expired, his near relatives had not filed any application for leave under Section 394 of Cr.P.C. Therefore, this appeal stands abated.
Accordingly, this appeal is dismissed as abated.
(SANJEEV S KALGAONKAR) JUDGE Vijay
Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 8/9/2023 10:26:39 AM
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