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2014 DIGILAW 1587 (PNJ)

Satnam Singh v. State of Punjab

2014-11-19

DARSHAN SINGH

body2014
Darshan Singh, J. 1. Learned State Counsel has placed on file the affidavit of Sh. Karanveer Singh, PPS, Deputy Superintendent of Police, Sub-Division Tanda, Hoshiarpur, wherein it is mentioned that appellants Satnam Singh and Satya Devi had died on 19.1.2003 and 25.09.2011 respectively. The translated copy of their death certificates are also annexed herewith as Annexure R1/T and R2/T. Smt. Surakasha, the mother of the deceased Kanchan Bala has filed a complaint against appellants Satnam Singh and Satya Devi and two others namely Surinder Kumar and Jasmail Kaur @ Jagmel Kaur for the offence punishable under Section 304-B read with Section 34 of Indian Penal Code. The said case was tried by the Court of learned Additional Sessions Judge, Hoshiarpur. Vide impugned judgment dated 28.03.2000 Surinder Kumar and Jasmail Kaur @ Jagmel Kaur were acquitted, however, appellants Satnam Singh and Satya Devi were held guilty and convicted for the offence punishable under Section 304-B read with Section 34 of Indian Penal Code and they were sentenced to undergo rigorous imprisonment for a period of eight years and to pay a fine of ` 1000/- each and in default of payment of fine, they were ordered to further undergo rigorous imprisonment for a period of three months. 2. Aggrieved with the aforesaid judgment of conviction, appellants Satnam Singh and Satya Devi have filed the present appeal. During the pendency of the appeal, on 29.10.2014 learned counsel for the appellants informed that both the appellants have died. The State Counsel was directed to file the report after verifying the factum of their death. Today, learned State Counsel has placed on file the affidavit of Sh. Karanveer Singh, PPS, Deputy Superintendent of Police, Sub Division Tanda, Hoshiarpur, wherein it is mentioned that appellant Satnam Singh has died on 19.01.2003 and appellant Satya Devi has died on 25.09.2011. The translated copy of their death certificates is also attached with the affidavit of Sh. Karanveer Singh, Deputy Superintendent of Police, which also corroborates the contents of the affidavit. Thus, both the appellants namely Satanam Singh and Satya Devi have died. A period of more than thirty days have passed since the date of death of both the appellants. None of the near relative of the appellants have approached this Court and filed any application for leave to continue the appeal. Thus, both the appellants namely Satanam Singh and Satya Devi have died. A period of more than thirty days have passed since the date of death of both the appellants. None of the near relative of the appellants have approached this Court and filed any application for leave to continue the appeal. Thus the present appeal abates as per the Provisions of Section394(2) of Code of Criminal Procedure, 1973 and is disposed as such.