Allahabad High Court
MAHENDRA SINGHversusSTATE
- Decided
- Bench
- ABDUL SHAHID
Holding
The appeal is dismissed as abated due to the death of the appellants and the presumption of civil death of the missing appellant.
Summary
The appeal was filed by five accused who had been convicted under IPC sections 147, 308 read with 149 and sentenced to rigorous imprisonment, with the sentences to run concurrently. Over the years, four of the appellants died, and the fifth, Gulzar Singh, could not be located despite extensive efforts. The court noted that Gulzar Singh had left his village 32 years earlier and no trace could be found, leading to a presumption of his civil death. Given that the remaining appellants were deceased and the missing appellant could not be served, the court held that continuing the appeal would serve no purpose. Consequently, the appeal was dismissed as abated.
Issues considered
- What is the effect on a criminal appeal when all appellants are deceased or one appellant is missing and presumed civilly dead?
- Can an appeal be dismissed as abated under such circumstances?
Legislation cited
- Indian Penal Code — s. 147, 149, 308
Subjects
- criminal appeal
- abatement
- presumption of civil death
- IPC
- section 147
- section 149
- section 308
- concurrent sentences
- missing appellant
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2045 of 1988
Mahendra Singh
.....Appellant(s)
Versus
State
.....Respondent(s)
Counsel for Appellant(s) : G.S.Bisaria
Counsel for Respondent(s) : A.G.A.
Court No. - 90
HON'BLE ABDUL SHAHID, J.
1. From a perusal of the present appeal, it appears that the present appeal has
been filed by five appellants, namely: (1) Mahendra Singh, (2) Anokha
Singh, (3) Gurbachan Singh, (4) Gulzar Singh, and (5) Amrik Singh.
2. The incident took place on 23.09.1982. A period of 44 years has elapsed
since then. During the pendency of the present appeal, appellant Nos. 1
(Mahendra Singh), 2 (Anokha Singh), 3 (Gurbachan Singh), and 5 (Amrik
Singh) have passed away, and the proceedings of this criminal appeal stand
dismissed as abated against them.
3. All the appellants were convicted and sentenced under Section 147 and
Section 308 read with Section 149 of the I.P.C. to undergo one year's
rigorous imprisonment on the first count and five years' rigorous
imprisonment on the second count. Since the offenses were committed in the
course of the same transaction, the sentences on both counts were directed to
run concurrently.
4. Numerous efforts have been made to ascertain the whereabouts of
appellant No. 4 (Gulzar Singh).
5. As per the office report dated 17.04.2026, appellant No. 4, Gulzar Singh,
left the village approximately 32 years ago. Thereafter, despite best efforts,
no address or trace of appellant No. 4 has been found. The incident itself is
44 years old, and despite diligent search, no information regarding the
availability or whereabouts of appellant No. 4 has been received.
6. Except for appellant No. 4, all other appellants have already died, and the
proceedings of the present appeal have abated against them.
7. In view of the special and peculiar facts and circumstances of the case, the
CRLA No. 2045 of 1988
2
civil death of appellant No. 4 has to be presumed, as there is nothing to the
contrary on record. Consequently, no useful purpose would be served by
keeping the present appeal pending.
8. In view thereof, the present appeal is liable to be dismissed. The present
appeal is, accordingly, dismissed as abated.
September 9, 2026
K.K. Maurya
(Abdul Shahid,J.)
Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad
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