Purushottam vs State Of M.P.
2023 Latest Caselaw 12942 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                ON THE 9 th OF AUGUST, 2023
                                             CRIMINAL APPEAL No. 774 of 2011

                           BETWEEN:-
                           PURUSHOTTAM S/O PAHALWAN, AGED ABOUT 35
                           YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE
                           SAKRAYA, P.S.PHOOP, DISTRICT BHIND (MADHYA
                           PRADESH)

                                                                                          .....APPELLANT
                           (SHRI B.S.GOUR- ADVOCATE)

                           AND
                           STATE OF M.P. THROUGH P.S. PHOOP DISTRICT BHIND
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (SMT. KALPANA PARMAR- PUBLIC PROSECUTOR)

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

Learned counsel for the appellant submits that appellant Purushottam S/o

Shri Pahalwaan Singh has died. The office has submitted one verification report on record. SHO Police Station Phoop, District Bhind verified that appellant Purushottam S/o Shri Pahalwaan Singh had died on 28.05.2019 due to cancer. Certificate from Sarpanch of Village Sakraya and statement of witnesses panchnama are enclosed along with a copy of death certificate of Purushottam. Thus, it is found that appellant Purushottam had died on 28.05.2019.

This criminal appeal was filed by Purushottam S/o Shri Pahalwaan Singh

Signature Not Verified Jatav assailing the judgment of conviction and order of sentence dated Signed by: AVINASH BHARGAV Signing time: 10-08-2023 09:50:20 AM

09.08.2011 passed by Special Judge (MPDVK), District Bhind in Sessions Trial No.85/2004 whereby appellant was convicted under Section 307 read with Section 149 of IPC and sentenced to undergo 5 years' RI with fine of Rs.10000/- and under Section 148 of IPC and sentence to undergo one year's RI with fine of Rs.1000/- with default stipulation.

Appellant- Purushottam 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 Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 10-08-2023 09:50:20 AM