NAVANITI PRASAD SINGH, J.:–A supplementary affidavit has been filed bringing on record that appellant no.5-Ram Pravesh alias Ram Pravesh Rai died during pendency of this appeal on 14.09.2008. The death certificate of Ram Pravesh alias Ram Pravesh Rai is annexed with the supplementary affidavit.

2. Having heard the parties, in our view, the appeal in relation to appellant no.5-Ram Pravesh alias Ram Pravesh Rai abates.

3. In the supplementary affidavit a copy of the judgment and order dated 10thof July, 1998 passed in Criminal Appeal No.340 of 1991 has been annexed in which appeal the appellants are the same as this present appeal and the incident relating to the said appeal is closely connected with the present appeal. We will at appropriate stage deal with the relevance of the said judgment of this Court.

4. The prosecution case in the present case is based on the fardbeyan (Ext.2) of P.W.4-Bala Kumhar. The same was recorded by Mr. Ragho Prasad Singh, the Officer-in-Charge of the Dinara Police Station, District-Rohtas, inter alia, alleging therein that the appellants and Kesho Rai (now dead) had murdered Baijnath Kumhar in the evening of 27.01.1981 whose dead body was lying in Khaliha

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