Dharmender vs State Of Haryana
2022 Latest Caselaw 17167 P&H

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH
312
                                                     CRA-S-1161-SB-2000 (O&M)
                                                      Decided on : 19.12.2022

Dharmender
                                                                . . . Appellant(s)
                                         Versus
State of Haryana
                                                              . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: None for the appellant(s).

             Mr. Vikas Bhardwaj, AAG, Haryana.
                                  ****

SANJAY VASHISTH, J. (Oral)

Order dated 16.12.2022 passed by this Court, says as under:-

"Appellant- Dharmender and one other Krishan Kumar were

accused in FIR No. 138 dated 26.05.1995, under Sections 307 and 34 IPC,

registered at Police Station Mahendergarh.

As per note given on the first page of impugned judgment dated

04.10.2000, accused Krishan Kumar had already been convicted and

sentenced vide judgment of conviction and order of sentence dated

17.12.1998 and 19.12.1998, respectively, by learned trial Court. Thus, vide

sessions case No. 6/1995, trial qua accused- Dharmender (appellant herein)

was conducted separately and vide judgment of conviction and order of

sentence dated 04.10.2000, passed by the learned Additional Sessions

Judge-1, Narnaul, accused Dharmender was held guilty of the following

offences and sentenced accordingly:-

Accused- Dharmender

      Offence          Sentence               Fine            In default
      307/34 IPC       05 years R.I.          Rs. 1000/-      3 months, S.I.


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       CRA-S-1161-SB-2000 (O&M)                                     -2-

By searching out from the Web Portal of the High Court

website, this Court has acknowledged that separately tried and convicted

accused Krishan Kumar had filed one CRA-S-83-SB-1999 and on account of

his death, it was ordered to be abated on 04.10.2011 and said order says as

under:

"Learned counsel for the appellant states

that Krishan Kumar- appellant has expired, therefore,

present appeal has been abated.

Present appeal is dismissed as abetted."

Today, there is no representation on behalf of the appellant,

therefore, in the interest of justice, adjourned to 19.12.2022.

Meanwhile, learned State counsel is directed to make genuine efforts to find out the life status of appellant-Dharmender."

Today, learned State counsel has produced the death certificate

dated 08.03.2019 in the Court today, which is handed over by Inspector

Devender to him and same is taken on record.

Learned State counsel submits that appellant- Dharmender has

expired on 20.02.2019, therefore, on account of his death, present appeal

stands abated.

Learned State counsel also points out that this Court has already

dealt with the provisions of Section 394 of Cr.PC in IOIN-CRA-S-4686-SB-

2018 in CRA-S-4686-SB-2018, titled as, "Shivji Ram @ Dimple Vs. State

of Punjab", decided on 24.11.2022, and in view of the same, the present

appeal may be disposed of.

In view of said circumstances, present appeal stands abated, and

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CRA-S-1161-SB-2000 (O&M) -3-

same is disposed of as such. However, disposal of the present appeal will be

subject to the terms & conditions, passed by this Court in Shivji Ram @

Dimple's case (supra).

Pending criminal miscellaneous application(s), if any, also stand

disposed of.

(SANJAY VASHISTH) JUDGE December 19, 2022 Riya

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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