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2025 DAILYLAW 8410 (CHH)

ABATED (SANTRAM NISHAD) AND OTHERS v. STATE OF CHHATTISGARH

CRA/439/2008 · 2025-03-27

Shri Sanjay Kumar Jaiswal

Criminal Appealbody2025

Judgment text

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1 2025:CGHC:14912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 439 of 2008 1 - Abated (Santram Nishad) S/o Sukhiram Nishad (As Per Hon’ble Court Order Dated 05-02-2016, appeal is abated him). 2 - Smt. Ganeshia Bai W/o Sukhiram Nishad Aged About 60 Years R/o Village Guma, Police Station Urla, Tahsil And District Raipur Chhattisgarh. 3 - Sukhiram Nishad S/o Nankuram Nishad Aged About 65 Years R/o Village Guma, Police Station Urla, Tahsil And District Raipur Chhattisgarh. ... Appellants versus • State Of Chhattisgarh Through Police Station Urla, Tahsil And District Raipur Chhattisgarh. ... Respondent --------------------------------------------------------------------------------------- For Appellants : None. For Respondent-State : Mr. H.A.P.S. Bhatia, P.L. ----------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (27.03.2025) 1 This criminal appeal filed by the appellants under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 21.04.2008, passed by the learned 11th Additional Sessions Digitally signed by HEERA LAL SAHU Date: 2025.03.28 10:27:30 +0530 2 Judge, Raipur (C.G.) in Sessions Trial No. 237/2007, whereby the appellants have been convicted and sentenced as under:- Conviction Sentence U/s 498-A/34 of IPC R.I. for 1 year with fine of Rs. 5,000/-, each in default of payment of fine amount additional S.I. for 6 months. 2 On 05.02.2016, the appeal against appellant No.-1- Santram Nishad has already abated, due to his death. 3 In this case, vide order of this Court dated 20.02.2025 bailable warrant was issued against appellants No. 2 and 3 returned unserved with report of Police Station-Urla, Raipur (C.G.) dated 07.02.2025 along with death certificates that appellant No. 2-Ganeshia Bai Nishad and appellant No. 3-Sukhiram Nishad died on 07.10.2019 and 06.01.2022 respectively. 4 Learned State counsel agreed with the reports. 5 In that view of the matter, this Criminal Appeal stands disposed of as the legal representative of the appellants have not approached to contest the appeal. As such, the Criminal Appeal stands dismissed as having abated. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu