CHUNCHUN Vs. STATE OF UTTAR PRADESH AND ORS.

JUDGEMENT

(1.) THIS appeal was filed by Chunchun against the judgment and order dated 22 -9 -1980 of Sri Ravi Verma, Special Judicial Magistrate, Allahabad, in Criminal Case No. 244 of 1979, acquitting the respondents Gokul, Ram Sumer, Binaik and Raj Karan of a charge under Section 506/427, I. P. C. These respondents were prosecuted in this case on a complaint filed by Chunchun appellant.

(2.) DURING the pendency of this appeal. Chunchun died on 15 -1 -1983 leaving behind him his sons Shesh Dhar and Shyam Dhar and brother Doodh Nath. The present application has been made by Doodh Nath with a prayer to permit him to prosecute this appeal by bringing his name on the record. The counsel for the appellant vehemently argued that such a prayer of Doodh Nath can be granted under Section 302 Cr. P.C The contention of the counsel is rather misconceived. The relevant portion of Section 302, Cr. P. C. reads as under: -

(3.) FURTHER the provisions of this section have an application to the conduct of a case before a trial Court and they cannot be extended to an appeal. Such a contention of the counsel is again not tenable. The counsel is referred to Section 386, Cr. P. C. which prescribes a complete procedure which is followed for decision of an appeal by the appellate Court. Section 386, Cr. P. C. provides that : -