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2025 DAILYLAW 6011 (ALL)

MUKTI NATH AND ORS. v. STATE OF U.P.

CRLA/469/1984 · 2025-08-11

Anish Kumar Gupta

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD (Serial No.-14 ) Neutral Citation No. - 2025:AHC:136923 Court No. - 78 Case :- CRIMINAL APPEAL No. - 469 of 1984 Appellant :- Mukti Nath And Ors. Respondent :- State of U.P. Counsel for Appellant :- Anurag Rai,Birendra Singh Counsel for Respondent :- A.G.A. Hon'ble Anish Kumar Gupta,J. 1. List revised. None appears on behalf of the appellants. 2. The instant criminal appeal was filed against the judgment and order dated 14.02.1984 passed by Second Additional Sessions Judge, Gorakhpur in Sessions Trial No. 373 of 1980, whereby the appellants were convicted for the offence punishable under Sections 147, 148, 325 read with Section 149 and 367 read with Section 194 I.P.C. and sentenced appellants Muktinath, Kailash, Murtaza, Suleman, Tulai and Luxmi to one year R.I. each for offence under Section 147 I.P.C, appellants Anil Kumar and Raj Kishore to two years R.I. each under Section 148 I.P.C. and appellants Muktinath, Kailash, Anil Kumar, Murtaza, Suleman, Tulai, Luxmi Singh and Raj Kishor to four years R.I. each under Section 325 read with section 149 I.P.C and also four years R.I. each under Section 367 I.P.C. read with Section 149 I.P.C. 3. The instant appeal on behalf of appellant nos. 1, 2, 4, 5 and 6 was abated vide order dated 20.11.1990. The instant appeal has been abated on behalf of appellant nos. 7 and 8 vide order dated 14.01.2020. As per the report received from the C. J.M., Gorakhpur dated 20.09.2023, the appellant no.3, Murtaza has also died on 15.10.2020. In support of that, the statement of Sub- Inspector Brahmdev Pandey, P.S. Belghat, District Gorakhpur and Village Pradhan Ram Bachan Yadav were recorded by the C.J.M, Gorakhpur. Thus, the instant appeal on behalf of the appellant no.3 Murtaza is also abated. 4. Since the instant appeal is abated on behalf of all the appellants as they all have died, the appeal is dismissed as abated. 5. Original record, if any, be sent back to the Trial Court concerned. Order Date :- 12.8.2025 Vijay (Anish Kumar Gupta,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad