Bhaiya Lal Nagesiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.403 of 2010 Bhaiya Lal Nagesiya, aged about 50 years, S/o Tirlok Nagesiya, Occupation Agriculture, R/o Vill. Baknakala, PS Lundra, Distt. Sarguja (C.G.) ---- Appellant

Versus

State of Chhattisgarh, Through PS Lundra, Distt. Sarguja (C.G.) ---- Respondent For Appellant:

Miss Sofia Khan, Advocate.

For Respondent:

Mr. Sumit Jhanwar, Panel Lawyer.

Hon'ble Shri Justice T. P. Sharma and Hon'ble Shri Justice Inder Singh Uboweja Order On Board 06/04/2015

1. Miss Sofia Khan, Advocate, has been appointed by the Secretary, Chhattisgarh High Court Legal Services Committee.

2. By this appeal, the appellant has challenged legality and propriety of the judgment of conviction and order of sentence dated 27-4-2010 passed by the Sessions Judge, Sarguja (Ambikapur) in Sessions Trial No.324/2008, whereby the trial Court has convicted the appellant under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.1,000/-, in default additional RI for three months.

3. As per report of the Jail Superintendent, Central Jail, Ambikapur, the appellant died on 31-8-2014. Any legal representative of the appellant has not filed any application for continuation of appeal under Section 394 of the CrPC.

4. Consequently, the appeal abates and the same is dismissed as abated.

5. The Secretary, Chhattisgarh High Court Legal Services Committee, is directed to calculate and pay the fees to counsel for the appellant, as per rules. JUDGE JUDGE Soma