Pratap Lal v. State

HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1340 of 1999 • Pratap Lal s/o. Girwar Lal Beghal, aged about 61 years, r/o. Village Kathia, PS Kharora, Tehsil and District Raipur.

Versus

• The State of Madhya Pradesh (Now the State of Chhattisgarh) ----------------------------------------------------------------------------------------------------------------- For appellant :

Mr. Vinod Kumar Tekam, Advocate.

For Respondent/State.

:

Ms. Shobha Kashyap, Dy. Govt. Advocate Hon'ble Shri Justice Inder Singh Uboweja Order on Board (27-04-2016)

1. Heard on I.A.No.1 of 2016, application filed under Section 394(2) of the Code of Criminal Procedure for abatement of the appeal.

2. Learned counsel appearing for the appellant submits that appellant Pratap Lal who has been convicted and sentenced by the impugned judgment dated 29-4-1999 in Special Criminal Case No. 12 of 1993, has died on 15-02-2016 and legal heirs of the deceased appellant do not want to prosecute this appeal, therefore, this appeal has become abated. He further submits that the death certificate of appellant issued by Municipal Council, Baloda bazar, Bhatapara is enclosed herewith as Annexure A/1.

3. Perused the death certificate of accused appellant Pratap Lal s/o. Girwar Lal Beghal in which has been mentioned that the appellant Pratap Lal died on 15-02-2016 and same is taken on record.

4. State counsel has verified the same and has no objection to the aforesaid proposition.

5. Accordingly, I.A.No.1 of 2016 is allowed.

6. In view of the above and further fact that no application has been filed on behalf of the legal heirs of the deceased for prosecuting the matter, this appeal has become abated and same stands dismissed as having become abated. Sd/- (I.S. Uboweja) JUDGE Raju