GORAKHNATH NAI Vs. STATE OF C.G.

JUDGEMENT

(1.) The short question that falls for consideration in this revision is whether an application for revision filed by convicted applicant under Section 397/401 of the Cr.P.C. finally abates on his death pending hearing.

(2.) Impugning the legality and correctness of judgment dated 18/10/2002 passed by Additional Sessions Judge, Durg in Criminal Appeal No. 293/2002, affirming the order dated 26/08/2002 passed by Chief Judicial Magistrate, Durg in Criminal Case No. 2396/2002, by which, the Chief Judicial Magistrate recorded conviction for offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915 (hereinafter called as 'the Act, 1915') and awarded sentence to undergo rigorous imprisonment for one year and fine sentence of Rs.25,000/-, with default sentence of simple imprisonment for three months, the instant criminal revision has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(3.) The core facts leading to filing of this revision application are as under:-