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Rajasthan High Court – Jodhpur
Narendra Kumar Choubisa vs State Of Rajasthan … on 22 February, 2024
Bench: Pushpendra Singh Bhati, Madan Gopal Vyas
[2024:RJ-JD:9078-DB] (1 of 1) [CRLAD-17/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Appeal (Db) No. 17/2023
Narendra Kumar Choubisa S/o Lt. Sh. Shiv Narayan Choubisa,
Aged About 66 Years, R/o A/6, Bakers Street, New Colony,
Dungarpur.
—-Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Uttam Kumar S/o Mrigendra Kumar Sharma, J-12,
Sector-14, Goverdhan Vilas, Udaipur (Raj.).
—-Respondents
For Appellant(s) : Mr. Digvijay Singh Chouhan
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON’BLE MR. JUSTICE MADAN GOPAL VYAS
Order
22/02/2024
The office report dated 17.02.2024 indicates that respondent
no.2 has died and death certificate of respondent no.2 is also on
record.
This Court finds that the appellant has challenged the
acquittal of respondent no.2 under Section 304B whereas he was
convicted only under Section 498A of the I.P.C. and since the
respondent no.2 is died, thus, the present appeal is abated due to
the non-survival of the respondent no. 2.
Accordingly, the present appeal is dismissed as having been
abated.
(MADAN GOPAL VYAS),J (DR.PUSHPENDRA SINGH BHATI),J
10-devrajP/-
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