Court No. - 71
Case :- CRIMINAL APPEAL No. - 2620 of 1983 Appellant :- Bansraj And Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- H.S.N. Tripathi,Hari Pratap Gupta Counsel for Respondent :- A.G.A.
Hon'ble Ajit Singh,J.
This criminal appeal has been filed against the judgement and order dated 13.9.1983 passed by the learned IV Addl. District & Sessions Judge, Gorakhpur in S.T. No. 587 of 1982, by which the appellants have been convicted and sentenced in S.T. No. 587 of 1982 (State of U.P. vs. Bansraj and other)under Sections 324, 147, 148 and 149 I.P.C., P.S. Chauri Chaura, district- Gorakhpur.
The Chief Judicial Magistrate, Gorakhpur vide its report dated 26.3.2019 has mentioned that appellants, Vanshraj son of Ramnath, Binna son of Tinku, Haricharan son of Govardhan, Kanta son of Vanshraj, Jagdish son of Vanshraj, Chauthi son of Toofani and Ram Kishun son of Toofani have died.
Considering the report of the Chief Judicial Magistrate, Gorakhpur regarding the death of the aforesaid appellants.
Having due regard to the facts mentioned above, the appeal is dismissed as abated against them.
On the other hand other Sri Manish Gupta, learned counsel for the appellants has submitted that rest of the appellants at present above 60 years of age and some of them are more than 70 years of age. He further submitted that they were not involved in any criminal case and they have never violated the probation and the period of probation has already been over.
The appellants were convicted and released on probation on 13.9.1983 and learned counsel for the appellants has not challenged the legality of the order at present.
Learned counsel for the appellants has submitted that the appellants during their probation period have done nothing and have already successfully passed the period of probation, hence he does not want to press this appeal on merits.
After having heard the learned counsel for the appellants and keeping in view the facts and circumstance of the case, no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the appeal is dismissed.
Order Date :- 25.4.2019 Faridul