LAWS(UTN)-2010-11-11

JAGMOHAN KAKKARH Vs. STATE OF UTTARANCHAL

Decided On November 08, 2010
JAGMOHAN KAKKARH Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) This revision, preferred by the revisionist u/s 397/401 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 12.7.2002 passed by the Sessions Judge, Bageshwar in Criminal Appeal No. 10/2001, Jagmohan Kakkarh v. State of Uttaranchal whereby the appeal preferred by the revisionist/accused against the judgment and order dated 26.11.1999 passed by the Judicial Magistrate, Ist Class, Bageshwar has been partly allowed and the conviction of the revisionist/accused under Section 323 of the Indian Penal Code, 1860 (for short, IPC) and sentence to undergo RI for one year and fine of Rs. 1000/- has been affirmed. However, the revisionist/accused has been acquitted for the charge of offence punishable under Section 506 IPC.

(2.) On 12.8.2010, none appeared for the revisionist and, therefore, this Court directed to issue non-bailable warrant against the revisionist and notice to his sureties and the CJM concerned was directed to submit the compliance report in this regard. In compliance of the aforesaid order, CJM, Bageshwar vide his report dated 19.8.2010 has reported that the revisionist Jagmohan Kakkarh has died on 14th September, 2008.

(3.) Hence, the revision preferred by the revisionist against the judgment and order dated 12.7.2002 passed by the Sessions Judge, Bageshwar in Criminal Appeal No. 10/2001, Jagmohan Kakkarh v. State of Uttaranchal is hereby abated.