Chouth Mal vs State
2022 Latest Caselaw 8832 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Jail Appeal No. 421/1987

Chouth Mal

----Petitioner Versus State

----Respondent with

D.B. Criminal Appeal No. 299/1988

Chouth Mal

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Kapil Bissa for Mr. Ranjeet Joshi For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE THE CHIEF JUSTICE MR. S S SHINDE HON'BLE MS. JUSTICE REKHA BORANA

Order

06/07/2022

An application has been received from District and Session

Judge, Rajsamand with the fact that the accused Chouth Mal has

expired on 04.08.2018 and a copy of death certificate has also

been annexed with the application.

It seems that a Criminal Appeal against the judgment dated

21.09.1987 had been preferred by the appellant Chouth Mal as

well as two Criminal Jail appeals have also been preferred against

the same judgment. One of the Jail Appeals, being Criminal Jail

Appeal No.422/1987 was dismissed as abated vide order dated

11.02.2022.

(2 of 2) [CRLJA-421/1987]

A perusal of the record shows that four accused namely,

Mohan Das, Chouth Mal, Suresh Chandra and Shyam Lal were

tried in the present matter before the trial Court. As per the

information, the appellant Chouth Mal who filed the Criminal Jail

Appeal No.421/1987 and Criminal Appeal No.299/1988 died

during the pendency of the appeals. The death certificate of

accused Chouth Mal is taken on record.

Therefore, in view of the fact that the appellant Chouth Mal

has expired on 04.08.2018, the Criminal Jail Appeal No.421/1987

and Criminal Appeal No.299/1988 stand abated and are dismissed

accordingly.

So far as the other three accused are concerned, one

accused namely, Mohan Das was acquitted and other two accused

namely, Suresh Chandra and Shyam Lal were convicted for the

offence punishable under Section 411 IPC and were sentenced to

undergo rigorous imprisonment for two years.

In that view of the matter, list the appeals filed by accused

namely, Suresh Chandra and Shyam Lal before the learned Single

Bench. Registry shall do the needful.

(REKHA BORANA),J (S. S. SHINDE),CJ

7-Jayesh/-

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