JUDGMENT :

Vikas Budhwar, J.

1. The present appeal at the behest of the State of U.P. emanates from the proceeding in Sessions Trial No. 445/2016 (Registration No. 473 of 2016) wherein the court of Additional Sessions Judge, (Fast Track Court) No. 2, Rampur by virtue of the judgment dated 28.01.2021 has acquitted the accused-respondent nos. 1 and 2 in Case Crime No. 108C/2016 u/s 498A, 304B, 201 IPC and Section ¾ of the D.P. Act, P.S. Patwai, District Rampur.

2. The present appeal was presented before this Court on 09.08.2021wherein the Stamp Reporter had reported delay of 81 day. On 07.08.2021 the Stamp Reporter had tendered its report which reads as under:-

“Although the instant Criminal Appeal is beyond time by 81 days till today. It should be considered with in time in light of the Hon’ble Supreme Court order Application 665/2021 in SMW (C) 3/2020”

3. On 25.08.2021 this Court passed the following order:-

“This appeal is reported to be filed beyond limitation by 81 days. It has been filed along with a delay condonation application. Issue notice to the accused respondents on delay condonation application returnable at an early date.

Accused respondents shall file counter affidavit to the delay condonation application within three weeks. Appellant shall have a week thereafter to file rejoinder affidavit.”

4. List/ put up in the additional cause list before the appropriate bench on 29.11.2021.

5. A recall application no. 1 of 2021 was preferred by the State-appellant for recalling of the order dated 25.08.2021 in the factual back drop that consequent to the passing of the order by the Hon’ble Apex Court in Misc. Application No. 665/2021 in SMW (C) No. 3/21 in the case of “In Re Cognizance For Extension of Limitation Vs. XXXX on 27.04.2021 wherein the delay which had occurred during the pandemic relating to Covid-19 was condoned and the limitation which fell due during the intervening period was extended.

6. Accordingly, in view of the office report dated 07.08.2021 the present appeal was treated to be within limitation and thus regular number was allotted. In view of the said background now there is no occasion for this Court to proceed with the recall application so preferred by the State-appellant. Thus, the recall application No. 1 of 2021 has rendered infructuous.

7. Though, in this appeal the State-appellant has arrayed two accused being respondent nos. 1 and 2 however, this Court finds that there is an office report dated 15.07.2022 accompanied with the letter dated 23.12.2021 of Chief Judicial Magistrate, Rampur address to the Section Officer (Criminal Appeal Section bearing No. 1188/2021) certifying the fact that so far as the accused-respondent no. 2 Naubat Ram S/o Mewa Ram is concerned, he expired on 10.05.2021. A copy of the death certificate issued by Registrar (Birth And Death) Gram Panchayat, Mandaiyan Kali is also on record showing the fact that the respondent no. 2 Naubat Ram S/o Mewa Ram has expired on 10.05.2021.

8. Resultantly, the present appeal stands abated against accused-respondent no. 2 Naubat Ram S/o Mewa Ram.

9. Prosecution story encompasses that one Som Pal who happens to be the father of the deceased Pushpa Devi is said to have solemnized marriage with accused-respondent no. 1 Dhan Seth S/o Naubat Ram on 27.11.2015. Though various gifts and offering were extended to accused side but as per the allegations the accused fractions were not happy with the gifts and the offering as the same were not commensurate to the expectations of the accused fraction. Consequently, demand of the additional amount of Rs. 2 lakhs was sought to be made from the accused prosecution side. Even reconciliation were sought to be made and the matter was also put before the concerned panchayat, however, the same was of no avail as administering of beating as well as harassment was being sought to be meted to the deceased daughter. As per the prosecution case on 28.04.2015 at about 6 in the evening it is being stated that the accused bein