Babulal Kenwat v. State Of Chhattisgarh

Cr.A. No. 1101 of 2013 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 1101 of 2013 • Babulal Kenwat S/o Late Kanhaiya Lal Kenwat, aged about 40 years, R/oPurani Basti, Korba, Police Station- Kotwali, Post Office- Korba, District Korba (C.G.) ---- Appellant

Versus

• State of Chhattisgarh through the District Magistrate, Korba, District Korba (C.G.) ---- Respondent/State For Appellant : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Priyanshu Gupta, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya, J Order 22.10.2021

1. This appeal arises out of the judgment of conviction and order of sentence dated 28.10.2013 passed by the Sessions Judge, Korba, District Korba (C.G.) in Sessions Trial No. 22/2011, whereby the appellant stands convicted and sentenced as under:- Conviction Sentence Under Section 306 of Indian Penal Code Rigorous imprisonment for three years and to pay fine of Rs.2,000/-, in default of payment of fine, to further undergo rigorous imprisonment of one year

2. As per report dated 05.03.2018 received from the Sessions Judge, Korba, it is mentioned that the appellant has died. Alongwith the said report, death certificate of the appellant is annexed. As per death certificate, appellant Babulal Kenwat died on 27.03.2016.

3. Considering the fact that the appellant died way back in the year 2016, 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