Allahabad High Court
RISHIPAL AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal stands abated due to the death of appellant No.1 and the prior abatement of appellant No.2.
Summary
The appellants Rishipal and Ram Bharosey filed a criminal appeal (No. 520 of 1986) against a judgment dated 30 January 1986 passed by the Ist Additional Sessions Judge, Budaun, under IPC Sections 324, 323 and 34. The appeal was pending for many years when a report dated 24 April 2026 indicated that appellant No.1, Rishipal, had died 14 months earlier, supported by police reports and witness statements. The court also noted that the appeal of appellant No.2, Ram Bharosey, had already been abated by an order dated 17 August 2022. On the basis of the death of the first appellant and the prior abatement of the second, the High Court held that the appeal could not proceed and therefore stood abated. The trial court records were ordered to be sent back, and the file consigned to the records.
Issues considered
- Whether a criminal appeal can continue when the appellant has died
- Whether the appeal should be abated on the death of an appellant
Legislation cited
- Indian Penal Code — s. 323, 324, 34
Subjects
- criminal appeal
- abatement
- death of appellant
- IPC
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 520 of 1986
Rishipal And Another
.....Appellant(s)
Versus
State of U.P.
.....Respondent(s)
Counsel for Appellant(s) : Prem Chandra, Satyam
Singh, Y.K.Shukla
Counsel for Respondent(s) : A.G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the appellant no.1 Rishi
Pal to press this appeal. Sri V.D. Ojha, learned State
counsel is present, who has been heard. Perused the
record.
3. The present appeal has been filed by the appellants-
Rishi Pal, Ram Bharosey, against the judgement and
order dated 30.1.1986 passed by Ist Additional Sessions
Judge, Budaun in S.T. No. 1210 of 1984, under Sections
324, 323/34 IPC.
4. As per office report dated 24.4.2026, a report from
C.J.M. concerned dated 22.4.2026 has been received
stating therein that the appellant no. 1 Rishi Pal has died
14 months ago. In support of which a report of concerned
police station and the copy of the statements of the
witnesses have also been annexed thereto. The appeal
in regard to the appellant no. 2/Ram Bharosey already
stood abated vide order dated 17.8.2022.
5. Accordingly, the appeal stands abated.
CRLA No. 520 of 1986
2
6. The trial court records, if received, be sent back along
with the communication of this order. Office to
communicate this order to District and Sessions Judge
concerned within two weeks from today for information
and follow-up action.
7. The file be consigned to the records.
(Samit Gopal,J.)
April 27, 2026
Naresh
Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad
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