ORDER :

Anubha Rawat Choudhary, J.

1. Heard Mr. Md. Asghar, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Shailesh Kumar Sinha, learned counsel appearing on behalf of the Opposite Party-State.

3. This criminal revision application is directed against the order dated 05.07.2013 passed by the learned District and Additional Sessions Judge-V, Ranchi, in Criminal Appeal No. 157/2010 which was preferred against the judgment and order dated 21.08.2010 passed by the learned Judicial Magistrate, 1st Class, Ranchi in G.R. Case No. 2905 of 2004 / T.R. No. 208 of 2010 arising out of Lower Bazar P.S. Case No. 174 of 2004 convicting the petitioner under Section 25(1-b)a and 26 of the Arms Act and sentencing him to undergo rigorous imprisonment for two years and fine of Rs.1,000/- for the offence under Section 25(1-b)a and rigorous imprisonment for two years and fine of Rs.1,000/- for the offence under Section 26 of the Arms Act and in default of the payment of the said fine, to further undergo rigorous imprisonment for 10-10 days. The period of detention undergone by the petitioner during the trial was directed to be set off against the sentences of imprisonment and both the sentences were directed to run concurrently.

4. The learned counsel for the petitioner submits that the sole petitioner of the present case has expired on 15.06.2021 and he has received instruction from his wife that she does not want to contest the present criminal revision and she would deposit the fine amount before the learned court below. Accordingly, no petition for addition of party has been made. The learned counsel submits that apparently the legal heirs are not interested in pursuing the present case, although by the impugned judgment, total fine of Rs.2,000/- has been also imposed against the deceased-petitioner.

5. Learned counsel for the State, on the other hand, has submitted that an affidavit dated 01.07.2021 has been filed in the present case bringing on record that the sole petitioner has expired on 15.06.2021. He further submits that that it is not in dispute that the sole petitioner has expired, but the total fine amount of Rs.2,000/- is still to be realized by the State from the property of the deceased-petitioner.

6. After hearing the learned counsel for the parties, this Court finds that the sole petitioner of the present case was convicted for offence under Section 25(1-b)a and 26 of the Arms Act and was sentenced to undergo rigorous imprisonment for a period of 2 years and fine of Rs.1,000/- for each of the offences. Considering the fact that the petitioner has expired, his legal heirs were given opportunity to represent the case, but they have chosen not to contest the present case.

7. This Court finds that the learned courts below have recorded concurrent findings after appreciating the materials on record and no illegality or perversity, as such, has been pointed out before this Court. On account of the death of the sole petitioner, the present petition abates only with respect to the substantive sentence of the deceased-petitioner, but the fine amounts imposed by the learned court below would still be realized in accordance with law. Accordingly, the learned court below is directed to take all necessary steps to realize the fine amounts.

8. The present petition is hereby dismissed in the aforesaid terms.

9. Interim order, if any, stands vacated.

10. Pending interlocutory application, if any, is closed.

11. Let the lower court records be immediately sent back to the court concerned.

12. Let a copy of this order be communicated to the learned court below through ‘E-mail/FAX’.

Petition dismissed.