Court No. - 70
Case :- CRIMINAL APPEAL No. - 1566 of 1982 Appellant :- Gajodhar And Another Respondent :- State of U.P.
Counsel for Appellant :- N.P. Middha,Ajatshatru Pandey,Pradeep Kumar Srivastava Counsel for Respondent :- A.G.A
Hon'ble Mohd. Aslam,J.
The case is taken up for hearing.
Sri Pradeep Kumar Srivastava, learned Amicus Curiae for appellant and learned AGA for the State, are present.
In office report dated 23.08.2021 it is stated that as per report of Chief Metropolitan Magistrate, Kanpur Nagar both appellants Gajodhar and Kashi Prasad had died.
I have perused the report of C.M.M. Kanpur Nagar dated 18.08.2021 where process server S.I. Mahendra Pratap Singh on 17.8.2021 has reported that appellant Gajodhar has died, in this regard a Tehrir of village Pradhan and certificate of last ceremony issued by Murli Panda, Gangaghat, Nagapur Kanpur Nagar as well as death certificate issued by Pradhan Santosh Kumar, Gram Panchayat, Sheespur, Kanpur Nagar have been annexed with the report. Regarding death of Kashi Prasad, a death certificate issued by Pradhan Santosh Kumar, Gram Panchayat, Sheespur, Kanpur Nagar has also been annexed with the report.
Learned lower court has recorded the statement of serving officer S.I. Mahendra Pratap Singh, who has stated that appellant Gajodhar has died on 15.07.2006 and appellant Kashi Prasad has died on 11.01.2018. Learned C.M.M. also recorded the statement of Amit Yadav on 18.8.2021, who has stated that Gajodhar was his uncle and Kashi Prasad was his grand father, who died on 15.7.2006 and 11.01.2018, respectively. Learned C.M.M. has further recorded the statement of Ashok Kumar who is grand son of Gajodhar, who stated that Gajodhar and Kashi Prasad have died on 15.07.2006 and 11.01.2018, respectively.
In view of above circumstances, it is proved that appellants Gajodhar and Kashi Prasad had died.
As far as appellant no.1 Gajodhar is concerned, the appeal on his behalf stood already abated by this Court vide order dated 2.8.2016.
Hence, appeal in respect of appellant no.2 Kashi Prasad is also dismissed as abated.
It is directed that a sum of Rs.10,000/- shall be paid by the Registry of this Court to Sri Pradeep Kumar Srivastava, learned Amicus Curiae from the appropriate Legal Aid Head for disposal of the appeal.
Order Date :- 24.8.2021 Tamang