Shani And ANR. v. The State Of C.G.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 1711 of 2000 1.

Shani S/o Bihari Rawat, aged about 35 years, R/o Sarsiwa, District Raipur (MP) (Now CG) 2.

Samaru alias Umariya, S/o Sogar Yadav, aged about 45 years, resident of Sarsiwa, Police Station- Sarsiwa, District Raipur (MP (Now CG) ---- Appellants

Versus

• State of Madhya Pradesh (Now Chhattisgarh) through Police StationSarsiwa, District, Raipur(CG) ---- Respondent For Appellants :

Shri Aditya Khare, Advocate For Respondents/State :

Shri Vivek Sharma, Govt. Advocate

ORDER

Per P.Diwaker, J.

04/07/2017 1.

Learned counsel for the appellants submits that appellant No. 1-Shani has expired, whereas, in relation to appellant No. 2- Samaru alias Umariya, initially, trial was separated and thereafter, vide judgment and order dated 28.4.2000 passed in ST No. 97/99, he has been acquitted. He further submits that this appeal has been filed inadvertently by appellant No. 2- Samaru alias Umariya and the same was not maintainable because by the impugned judgment, Samaru alias Umariya was never convicted. Learned counsel for the appellant further submits that as appellant No. 2Samaru alias Umariya has already been acquitted and appellant No. 1 Shani has expired, there remains nothing in the present appeal and the same may be disposed of.

2.

Ordered accordingly.

Sd/- Sd/- (Pritinker Diwaker) (Ram Prasanna Sharma) Judge Judge s/