1 2025:CGHC:54218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 131 of 2011 1. Mahesh, aged about 60 years, S/o- Ahibaran Kushwaha, R/o Village- Gayna, P.S.- Raghunath Nagar, District-Surguja, C.G. 2. Smt. Shivbachan, aged about 55 years, W/o Mahesh Kushwaha, R/o Village-Gayna, P.S.- Raghunath Nagar, District-Surguja, C.G. 3. Ram Ratan Kushwaha, S/o-Mahesh Kushwaha aged about 27 years, R/o Village- Gayna, P.S.-Raghunath Nagar, District- Surguja, C.G. ... Appellant(s) versus • State of Chhattisgarh through Police Station Raghunath Nagar, District-Surguja, C.G. ... Respondent(s) For Appellant(s) : None. For Respondent(s)/State : Mr. Rahul Tamaskar, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/11/2025 1. This criminal appeal filed by the appellants-accused persons, under Section 374(2) of Cr.P.C., is directed against the impugned judgment of conviction and order of sentence dated 22.1.2011, passed by learned Additional Sessions Judge (F.T.C.),Pratappur, RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 District- Surguja, (C.G.) in Sessions Trial No. 422/2009, whereby the appellants have been convicted for offence punishable under Section 304 B of IPC and sentenced to undergo R.I. for 10 years each with fine of Rs. 1,000/- each and, in default of payment of fine, to further undergo additional rigorous imprisonment for two months each. 2. Vide order dated 13.10.2025, the concerned Superintendent of Police, Surguja was directed to file an affidavit showing service of arrest warrant to the appellants which has been issue in pursuance of order dated 22.8.2025 in respect of appellant No. 1- Mahesh, however, affidavit has not been filed only a report has been submitted by Additional Sessions Judge, Pratappur, District- Surajpur, C.G. on 13.10.2025 informing that appellant No. 1- Mahesh has expired. 3. So far as appellant No. 2- Smt. Shivbachan, is concerned, it is submitted that she has already passed away. 4. In view of death of appellant No. 1- Mahesh and appellant No. 2- Smt. Shivbachan of this appeal and in absence of any application for bringing his legal representative on record, the appeal abates and the same is dismissed as abated. 5. So far as appellant No. 3- Ram Ratan Kushwaha, is concerned, it is pertinent to note that he has already undergone and completed the entire term of imprisonment imposed upon him as part of the 3 sentence awarded by the learned Trial Court, and therefore, no portion of the substantive sentence now remains to be served by him. 6. Accordingly, the criminal appeal is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat