High Court Of ChhattisgarhCRA/699/2005abated

Ravi Kumar v. State Of Chhattisgarh

2021-11-09Hon'Ble Shri Justice Gautam Chourdiya2 pages

Cr.A. No. 699 of 2005 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 699 of 2005 • Ravi Kumar, S/o Chetan Lal Sen, aged about 26 years, R/o Village Kundel, P.S. Magarlod, District Dhamtari (C.G.) ---- Appellant

Versus

• State of Chhattisgarh, through S.H.O., P.S. Magarlod, District Dhamtari (C.G.) ---- Respondent/State For Appellant : Shri Dashrath Prajapati, Advocate For Respondent/State : Ms. Deepti Shukla, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya, J Order 09.11.2021

1. This appeal arises out of the judgment of conviction and order of sentence dated 27.08.2005 passed by the Additional Sessions Judge, Dhamtari, Sessions Division Raipur (C.G.) in Sessions Trial No. 180/2002, whereby the appellant stands convicted and sentenced as under:- Conviction Sentence Under Section 363 of IPC Rigorous imprisonment for five years and to pay fine of Rs.200/-, in default of payment of fine, to further undergo additional imprisonment for one month Under Section 366 of IPC Rigorous imprisonment for five years and to pay fine of Rs.200/-, in default of payment of fine, to further undergo additional imprisonment for one month Under Section 376 (1) of IPC Rigorous imprisonment for seven years and to pay fine of Rs.200/-, in default of payment of fine, to further undergo additional imprisonment for one month All the sentences to run concurrently

2. In the report dated 20.10.2021 received from the Additional Sessions Judge, Dhamtari, District Dhamtari (C.G.), it is mentioned that the appellant has died. Alongwith the said report, death certificate of the appellant and the certificate of office of Gram Panchyat Kundel, District Dhamtari certified by

Cr.A. No. 699 of 2005 Village Sarpanch are annexed. As per death certificate, appellant Ravi Kumar @ Ishwar Lal Sen S/o Chetan Lal Sen died on 09.05.2021.

3. Considering the fact that the appellant died 09.05.2021, the fact regarding pendency of the present appeal was well within the knowledge of family member of the appellant and despite that no application was moved on behalf of the legal heirs of the appellant to prosecute this appeal, the present appeal stands abated and is disposed of as such. Sd/- (Gautam Chourdiya) Judge vatti