Court No. - 41
Case :- CRIMINAL APPEAL No. - 1463 of 2000 Appellant :- Lala Ram Respondent :- State of U.P.
Counsel for Appellant :- Pradeep Chauhan Counsel for Respondent :- Govt. Advocate
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
No one appears on behalf of the sole appellant in spite of repeated calls.
Sri L.D. Rajbhar, learned A.G.A. has filed the affidavit of compliance dated 19.12.2019, sworn by the Sub Inspector of Police, P.S.- Kotwali Kannauj, District- Kannauj. The same is taken on record.
It is stated therein that the deponent had visited the permanent resident of the appellant- Lala Ram s/o Raghubir Yadav, wherefrom he came to know that the present appellant- Lala Ram s/o Raghubir Yadav had sold his property 15 to 20 years ago and moved somewhere else and it then transpired that the appellant- Lala Ram s/o Raghubir Yadav was residing in Shuklaganj, P.S.- Kotwali Gangaghat, District- Unnao. The deponent, thereafter, visited the said place and having reached the house of appellant- Lala Ram s/o Raghubir Yadav, he came to know about his death occurred on 26.03.2009 on account of illness.
Sons of appellant had furnished a written statement along with the death certificate of appellant- Lala Ram s/o Raghubir Yadav issued by the Registry, Nagar Nigam, Kanpur.
The statements of sons of the sole appellant- Lala Ram s/o Raghubir Yadav and the death certificate dated 31.03.2009 issued by the Nagar Nigam, Kanpur are appended along with the compliance affidavit.
Earlier also, the Chief Judicial Magistrate, Kannauj furnished a report dated 12.04.2019 that the present appellant- Lala Ram s/o Raghubir Yadav was reported dead. However, the said fact could not be verified for want of complete information.
In view of the above statement in the affidavit of compliance filed today, the appeal is dismissed as abated on account of death of sole apellant- Lala Ram s/o Raghubir Yadav r/o village- Niwada, P.S.- Kannauj, District- Kannauj.
Lower Court Record be sent back.
Certify this judgment to the Court below, immediately.
Order Date :- 20.12.2019 P Kesari