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Neutral Citation No. - 2025:AHC:139287 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.53) Court No. - 78 Case :- CRIMINAL APPEAL No. - 2726 of 1983 Appellant :- Jhamman Lal And Another Respondent :- State of U.P. Counsel for Appellant :- A.B.L.Gaur,V.K.Katiyar Counsel for Respondent :- A.G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri A.B.L.Gaur, learned counsel for the applicants and Sri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. The instant appeal was filed by the appellants, Jhamman Lal, and Smt. Lareti, being aggrieved by the judgment and order dated 01.11.1983 whereby both appellants were convicted for the offences under Sections 366 and 368 I.P.C. However, the appellant no.1, namely Jhamman Lal was sentenced to undergo four years rigorous imprisonment for both the offences respectively. However, appellant no.2, Smt. Lareti, was ordered to execute a personal bond in the sum of Rs. 2000/- with two reliable sureties in the like amount to keep peace and maintain good behavior for a period of two years under the provisions of Section 4 of the Uttar Pradesh First Offender's (Release on Probation) Act, 1938. 3. As per the report dated 21.07.2018, received from CJM, Bareilly, the appellant no.1 Jhamman Lal, has died twenty years ago. In support of the fact of the death of appellant no.1 the statement of the daughter-in-law of the informant has been recorded. 4. Since appellant no.1 has died, therefore, the appeal on behalf of appellant no.1 is hereby abated. 5. Since the appellant no.2 was released on probation under Section 4 of the Uttar Pradesh First Offender's (Release on Probation) Act, 1938, for a period of two years and during the pendency of the instant appeal, she has not been found involved in
any other case and since the instant appeal is pending from 1983 and forty-two years have been passed, therefore, learned counsel for the appellants do not press the instant appeal on behalf of appellant no.2, challenging her conviction. 6. Therefore, the conviction of appellant no.2 is hereby upheld and since she was already released on probation for a period of two years, which has already been over and she has not been found involved in any other case, in view thereof, no further direction is required with regard to the sentence of the appellant no.2. 7. Accordingly, the instant appeal is disposed of. 8.
The lower court record shall be sent back to consign as no further action is required in the instant case. Order Date :- 14.8.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad