Court No. - 77
Case :- CRIMINAL APPEAL No. - 353 of 2008 Appellant :- Bal Kishan Respondent :- State Of U.P.
Counsel for Appellant :- Manoj Kumar Pandey,R.P. Tiwari Counsel for Respondent :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
Case is called out in the revised list. Learned counsel for the appellant is not present. Learned AGA is present.
This criminal appeal has been preferred against judgment and order dated 11.1.2008 passed by Additional Sessions Judge, Court No.3, Ghaziabad in Session Trial No. 634 of 1999(State vs. Bal Kishan) arising out of Case Crime No.19 of 1999, Police Station Niwadi, District Ghaziabad whereby by appellant Bal Kishan was convicted under section 304-B IPC & Section 4 & 4 of Dowry Prohibition Act and sentenced to seven years' rigorous imprisonment with fine of Rs.5000/- under section 304-B IPC; five years' rigorous imprisonment with fine of Rs.20,000/- under Section 3 Dowry Prohibition Act and one year's rigorous imprisonment with fine of Rs.2000/- under section 4 of Dowry Prohibition Act. In failure to deposit fine, he was directed to undergo simple imprisonment for six months, one year and two months respectively thereunder and all sentences were directed to run concurrently.
According to report of CJM, Ghaziabad dated 1.3.2019, appellant Bal Kishan died on 28.10.2015. Statements of Sri Rakesh Kumar Sharma, Sub Inspector, P.S. Niwadi, District Ghaziabad alongwith Smt. Neeraj w/o Kuldeep, Village Pradhan, Village Sara, Sri Chatru s/o Lalmal(complainant), Rahul Kumar (son of appellant) and Sonu Kumar s/o Bal Charandas are annexed with the report of CJM.
From perusal of record, it transpires that Bal Kishan is the single appellant and he is no more, hence no purpose would be served in keeping this appeal pending. The appeal is dismissed as abated.
Copy of this order alongwith record of lower Court be transmitted to the Court below.
Order Date :- 30.4.2019 P.P.