JUDGMENT :

[Sujit Narayan Prasad, J.]

1. Reference may be made to the order dated 23.01.2023, in pursuance thereto, following order was passed:

“Mr. A.K. Kashyap, learned senior counsel assisted by Mr. Rakesh Ranjan, appearing for the appellants in Criminal Appeal (DB) No. 5 of 1994, has submitted on instruction that the appellant No. 3, namely, Kirti Narayan Mandal, has been informed to be dead on 13.12.2019 and, as such, he wants to file an affidavit to that effect.

Although an affidavit has been filed on behalf of the State in pursuance to the order dated 02.04.2019 passed in the proceeding of this appeal, the State is directed to file further affidavit about the survival status of the appellant.

Let a report be called for from the Chief Judicial Magistrate of the Judgeship of Godda about the survival status of the appellants. The report to that effect be furnished on or before the next date of hearing.

Let this order be communicated through the Principal District & Sessions Judge, Godda to the court of Chief Judicial Magistrate, Godda for compliance.

Let these matters be listed on 06.02.2023.”

2. Pursuant thereto, an affidavit has been filed on behalf of the State wherein it has bee