Court No. - 70
Case :- CRIMINAL APPEAL No. - 1592 of 1992
Appellant :- Pati Raj
Respondent :- State
Counsel for Appellant :- S.M. Yadav
Counsel for Respondent :- A.G.A.
Hon'ble Mohd. Aslam,J.
Case called out.
Learned counsel for the appellant is present. Learned A.G.A. is present for the State.
I have perused the office report dated 23.08.2021 which states that sole appellant had died 10 years ago. I have also gone through the report of learned Chief Judicial Magistrate-Sant Kabir Nagar dated 28.06.2021 which reveals that accused- appellant Pati Raj had died ten years ago. The report is supported by the report of Serving Officer-S.I. Arun Kumar Pandey, P.S. Dhanghata, District Sant Kabir Nagar dated 23.06.2021 and Death Certificate of Village Pradhan Sarveshwari Devi dated 22.06.2021.
Learned Chief Judicial Magistrate has also recorded the statement of S.I. Arun Kumar Pandey, Vishram Yadav, Village Panchayat Officer and brother of appellant and has also obtained the extract of Parivar Register.
The aforesaid record is according to the Circular Letter No.15/2005: VIIIb-119: Dated April 19, 2005 and Circular Letter No.04/Admin. G-ii dated: Allahabad 18.1.2017. Hence, it is proved that appellant-Pati Raj had died during the pendency of appeal. The appeal is abated.
It is, accordingly, dismissed as abated.
Order Date :- 24.8.2021 Jyotsana