Chintamani v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.182 of 2005 • Chintamani, S/o. Gonsayee Ram, aged about 21 years, Occupation Labourer, R/o. Village Bamhanipali, PS Kharsiya, Distt. Raigarh, Chhattisgarh ---- Appellant
Versus
• The State Of Chhattisgarh Through Police Station AJAK, Raigarh Chhattisgarh.
---- Respondent ---------------------------------------------------------------------------------------- For the appellant : Shri Roop Naik, Advocate For the Respondent/State:Shri Afroj Khan, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 30.01.2020 1.
The appeal under Section 374(2) of the Code of Criminal Procedure, 1973 is preferred against judgment dated 18.02.2005 passed by Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989 (for short 'the Act 1989'), Raigarh (CG) in Special Case No.21/2004 wherein the said Court convicted the appellant for commission of offence under Sections 376, 363 and 366 of Indian Penal Code and under Section 3(1)(xii) of the Act, 1989 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.2000/-; RI for 03 years and to pay fine of Rs.1000/-; RI for 03 years and to pay fine of Rs.1000/- and RI for 03 years and to pay fine of Rs.1000/- respectively with default stipulations.
2.
Perused PUD dated 26.02.2018 received from Special Judge under the Act 1989, Raigarh.
3.
In the said PUD it is mentioned that appellant Chintamani Sahu has died on 09.12.2010. Death certificate of the appellant is also enclosed along with the PUD.
4.
As no near relative of deceased appellant has filed application to continue the appeal on behalf of the appellant, the appeal stands abated on account of death of the appellant and proceedings of this Court is culminated due to death of the sole appellant in terms of Section 394 of CrPC.
5.
Accordingly, the appeal stands disposed of as abated. Sd/- (Ram Prasanna Sharma) JUDGE Bini