State Of Maharashtra Vs. Eknath Yeshwant Pagar And Another On 07 January, 1981

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State Of Maharashtra v. Eknath Yeshwant Pagar And Another

State Of Maharashtra
v.
Eknath Yeshwant Pagar And Another

(Supreme Court Of India)

Criminal Appeal No. 288 Of 1975 | 07-01-1981

FAZAL ALI, J.

1. 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.

2. Order accordingly.

Advocates List

For

Bench List

HON'BLE JUSTICE A. VARADARAJAN

HON'BLE JUSTICE SYED M. FAZAL ALI

Eq Citation

(1981) 2 SCC 299

(1981) SCC CRI 462

AIR 1981 SC 1571

LQ/SC/1981/6

HeadNote

CRIMINAL PROCEDURE CODE, 1973 - Ss. 378, 379, 380 & 382 — Appeal — Abatement — Respondent No. 1, main accused, dead — Respondent No. 2, abettor, acquitted by High Court — Hence, appeal against No. 1 abates and appeal against No. 2 becomes infructuous (Paras 1 and 2)