JUGAL KISHORE KHETAWAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The sole appellant in this appeal Smt. Bimala Devi Khetawat has been convicted for the offence punishable under Section 120B/302 IPC on the allegation that she was a party to a conspiracy to commit murder of two of her neighbours and sentenced life imprisonment by the learned Additional Sessions Judge, 6th Court, Alipore. The Criminal Appeal preferred by her in the High Court of Calcutta was dismissed. She preferred a special leave petition under Article 136 of the Constitution of India against the said judgment and order dated 25.9.2006 passed by the High Court at Calcutta. This Court vide its order dated 5.2.2007 granted leave.

(2.) That on 16.6.2008 the appellant died. The husband of the deceased appellant Jugal Kishore Khetawat filed an application seeking leave of the court to continue the appeal. In the said application it is averred that "even though the appellant has died, the name of the appellant has not been cleared of the charges and of the conviction. It is further submitted that it is in the interest of justice that the stigma attached to the name of the appellant is cleared which is also adversely affecting the near family and relatives of the appellant. It is under these circumstances, the applicant who is the husband of the deceased appellant has filed the present application seeking leave to continue with the appeal."

(3.) The Registrar of this Court vide order dated 7.8.2008 passed the following order: