JUDGMENT

This appeal is directed against the judgment of conviction dated 15.04.2004 and order of sentence dated 16.04.2004passed by the learned Sessions Judge, Pakur in Sessions Case No. 61 of 2003 in connection with Pakur (M) P.S. Case No. 201/2001, corresponding to G.R. Case No. 392 of 2001, Pakur, Jharkhand, whereby and where under the learned trial court convicted the appellants for the offence punishable u/s 307/34 of IPC, 1860 and has been sentenced to undergo R.I. for 07 years.

2. At the outset, it is found that the learned A.P.P. has filed a counter affidavit on behalf of the State stating therein that out of the three appellants one of the appellants namely Jahangir Sheikh son of the Late Hazi Toresh Ali has died on 13.11.2020 and the death certificate has also been issued by the competent authority by which it appears that the Jahangir Sheikh has died on 13.11.2020 and in this view of the matter, it is submitted that no near relative has come forward to continue with this appeal and, therefore, it is urged, let this appeal be abated with respect to the deceased appellant. Learned defence counsel appearing on behalf of the appellant submitted that since no close relati