1981 JTR(SC) 8
1981 AIR(SC) 1571 ; 1981 CriLR 512 ; 1981 CrLJ 1284 ; 1981 CrLJ 128403 ; 1981 2 SCC 299 ; 1981 SCC(Cri) 462 ; 1981 KHC 842
`SUPREME COURT OF INDIA
S. MURTAZA FAZAL ALI AND A. VARADARAJAN, JJ.
State of Maharashtra, Appellant
Versus
Eknath Yeshwant Pagar and another, Respondents.
Criminal Appeal No. 288 of 1975, D/- 7-1-1981.
Act
Referred
:CONSTITUTION OF INDIA : Art.136
CRIMINAL PROCEDURE CODE : S.394
Criminal Appeal – Appeal against Acquittal - It is stated by counsel for respondents that respondent No. 1 is dead - According to prosecution, respondent No. 1 is main accused and second respondent was merely an abettor - Both were acquitted by High Court - Held, Since the appeal abates against the first respondent on account of his death and the second respondent has already been acquitted, appeal against second respondent becomes infructuous - Appeal disposed of.
Criminal Appeal – Appeal against Acquittal - It is stated by counsel for respondents that respondent No. 1 is dead - According to prosecution, respondent No. 1 is main accused and second respondent was merely an abettor - Both were acquitted by High Court - Held, Since the appeal abates against the first respondent on account of his death and the second respondent has already been acquitted, appeal against second respondent becomes infructuous - Appeal disposed of.
Judgment
FAZAL ALI, J.:- It is stated by the counsel for the respondents that respondent No. 1 is dead. According to the prosecution, respondent No. 1 is the main accused and the second respondent was merely an abettor. Both were acquitted by the High Court. Hence this appeal to this Court. Since the appeal abates against the first respondent on account of his death and the second respondent has already been acquitted, appeal against the second respondent becomes infructuous. The appeal is accordingly disposed of.
Order accordingly.
For Citation : AIR 1981 SC 1571