2025:JHHC:21416-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI --------

Cr. Appeal (DB) No. 3 of 1997(DB)

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(Against the judgment of conviction dated 12.12.1996 and order of sentence dated 13.12.1996, passed by learned 1st Additional Sessions Judge, Godda in Sessions Trial No.33 of

1981/23 of 1995)

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1.Latif Nadaf son of Late Badde Nadaf 2.Ibrahim Nadaf son of Chhaku Nadaf

3.Pandu Ray son of Late Jokhu Ray

4.Lakhinder Rai son of Late Agnu Rai All of village: -Ghat Gamhariya. All of police Station: -

Mahgama, District-Godda.

…. Appellants Versus The State of Bihar ….. Opp. Party P R E S E N T HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE RAJESH KUMAR …..

For the Appellants : Mrs. Rakhi Rani, Advocate For the State : Mr. Tarun Kumar, A.P.P.

For the Informant : Mr. Lukesh Kumar, Advocate …..

C.A.V. on 04/07/2025 Pronounced on 01/08/2025 Per Sujit Narayan Prasad, J.:

1. Before proceeding further, it would be apt to mention herein that out of the ten convicts, as per the impugned judgment, eight appellants preferred Cr. Appeal (DB) No. 3 of 1997 whereas two appellants, namely, Kedar Rai and Sk. Ainudi preferred Cr. Appeal (DB) No. 40 of 1997. Both the appeals were tagged together since they arise out of the common judgment of conviction and order of sentence.

2. It appears from order dated 28.02.2019 passed by the Co-ordinate Bench of this Court that a report was submitted by the Officer-in-Charge, Mahagama Police Station dated 24.02.2019 regarding the status of the appellants in the present appeal [Cr. Appeal (DB) No. 3 of 1997] and Cr. Appeal (DB) No. 40 of 1997, which was tagged together. As per report supported by the certificates of the Mukhiya the appellant no. 1 Chhaku Nadaf, son of late Astuli Nadaf, appellant no. 5 Pagal Ray, son of late Kishan Rai, appellant no. 6 Basant Sikdar, son of late Sayu @ Sanu Sikdar and appellant no. 7 Sanu Sikdar, son of late Bishu Sikdar so far Cr. Appeal No. 3/1997 (DB) is concerned have died during pendency of the appeal. No leave has been sought by any of the legal heirs/close relatives of the deceased appellants in terms of section 394 of the Cr. PC., as such, Cr. Appeal No. 3/1997 (DB) abates as against these appellants. However, it survives against the remaining four appellants i.e. appellant no. 2 Latif Nadaf, appellant no. 3 Ibrahim Nadaf, appellant no. 4 Pandu Ray and appellant no. 8 Lakhindar Rai.

3. The report further reveals that appellant no. 1 Kedar Rai, son of late Dhankush Rai and appellant no. 2 Sk. Ainudi Rai, son of late Sk. Aktar in Cr. Appeal No. 40/1997 (DB) have died during pendency of this appeal. No leave has been sought by any of the legal heirs/close relatives of the deceased appellants in terms of section 394 of the Cr. PC. As such, Cr. Appeal No. 40/1997 (DB) stands abated.

4. For ready reference, order dated 28.02.2019 passed by the Co-ordinate Division Bench is quoted as under:

“A report has been submitted by the Officer-in-Charge, Mahagama Police Station dated 24.02.2019 regarding the status of the appellants in both the appeals, whether they are dead or alive. Enclosed to his report are certificates of the Mukhiya, Gram Panchayat-Lahathi and Gram Panchayat-Ghat Gamhariya, District Godda dated 23.02.2019 describing the status of the appellants in the respective appeals. Perusal of the report reveals that the appellant no. 1 Chhaku Nadaf, son of late Astuli Nadaf, appellant no. 5 Pagal Ray, son of late Kishan Rai, appellant no. 6 Basant Sikdar, son of late Sayu @ Sanu Sikdar and appellant no. 7 Sanu Sikdar, son of late Bishu Sikdar in Cr. Appeal No. 3/1997 (DB) have died during pendency of the appeal. No leave has been sought by any legal heir / close relative of the deceased appellants in terms of section 394 of the Cr. PC. As such, Cr. Appeal No. 3/1997 (DB) abates as against these appellants. However, it survives against the remaining appellants i.e. appellant no. 2 Latif Nadaf, appellant no. 3 Ibrahim Nadaf, appellant no. 4 Pandu Ray and appellant no. 8