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Patna High CourtCR. APP (DB)/341/1992disposed

Siya Sharan Singh @ Siya Gope v. State Of Bihar

2015-09-17Mr. Justice Chakradhari Sharan Singh,The Chief Justice4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.341 of 1992 Arising Out of Bihar PS.Case No. 100 of 1984, DistrictNALANDA (BIHARSHARIFF) ====================================================== Siya Sharan Singh @ Siya Gope .... .... Appellant

Versus

The State of Bihar .... .... Respondents ====================================================== with Criminal Appeal (DB) No.356 of 1992 Arising Out of Bihar PS.Case No. 100 of 1984, DistrictNALANDA (BIHARSHARIFF) ====================================================== Brijey Gope .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== with Govt. Appeal (DB) No.12 of 1993 Arising Out of Bihar PS.Case No. 100 of 1984, DistrictNALANDA (BIHARSHARIFF) ====================================================== The State of Bihar .... .... Appellant

Versus

Singheshwar Gope @Sidheshwar&O .... .... Respondents ====================================================== with Criminal Revision No.627 of 1992 Arising Out of Bihar PS.Case No. 100 of 1984, DistrictNALANDA (BIHARSHARIFF) ====================================================== Dwarika Gope .... .... Petitioner

Versus

Singheshwar Gope & Ors .... .... Respondents ======================================================

Appearance :

(In CR. APP (DB) No.341 of 1992) For the Appellant/s : Mr. Nand Kishore Prasad 2 Mr. Vishwanath Prasad Mr. Vishwanath Prasad For the Respondent/s : Mr. Ajay Mishra, APP (In CR. APP (DB) No.356 of 1992) For the Appellant/s : Mr. Nand Kishore Prasad 2 Mr. Vishwanath Prasad For the Respondent/s : Mr. Ajay Mishra, APP (In G. APP. (DB) No.12 of 1993) For the Appellant/s : Mr.

For the Respondent/s : Mr.

(In CR. REV. No.627 of 1992) For the Petitioner/s : Mr. Madan Pd. Singh 2 Mr. Chandra Kant Prasad For the Respondent/s : Mr. Nand Kishore Pd. ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 17-09-2015 Pursuant to the order, dated 06.08.2015, passed in these appeals, a report, dated 08.09.2015, has been submitted by the Superintendent of Police, Nalanda, at Flag-D, which shows that during the pendency of these appeals, the following accusedappellants have died. i). The sole appellant of Cr.Appeal (DB) No. 341 of 1992, namely, Siya Sharan Singh @ Siya Gope.

ii) The accused-respondent Nos.2, 3, 4, 5, 9 and 15 of

Govt. Appeal (D.B) No. 12 of 1993, namely, Charitar Gope, Uday Gope, Arjun Gope, Yadu Gope, Lakhan Gope and Shaukhi Gope respectively and, iii) The accused-opposite party Nos. 2, 3, 4, 5, 9 and 15 of Criminal Revision No. 627 of 1992, namely, Charitar Gope, Uday Gope, Arjun Gope, Yadu Gope, Lekha Gope and Shaukhi Gope respectively.

In view of the above, Criminal Appeal (D.B.) No. 341 of 1992 (Siya Sharan Singh @ Siya Gope Vs. The State of Bihar) stands abated and is disposed of accordingly. So far as the accused-respondent Nos. 2, 3,4,5,9 and 15 of Govt. Appeal (D.B) No. 12 of 1993, namely, Charitar Gope, Uday Gope, Arjun Gope, Yadu Gope, Lakhan Gope and Shaukhi Gope and the accused-opposite party Nos. 2, 3, 4, 5, 9 and 15 of Criminal Revision No. 627 of 1992, namely, Charitar Gope, Uday Gope, Arjun Gope, Yadu Gope, Lekha Gope and Shaukhi Gope are concerned, Govt. Appeal (DB) No. 12 of 1993 and Criminal Revision No. 627 of 1992 stand abated as against them. As regard remaining respondents, namely, respondent Nos. 1, 6 to 8, and 10 to 14 of Govt. Appeal (DB) No. 12 of 1993 and as regard accused-opposite party Nos. 1, 6 to 8, and 10 to 14 of Criminal Revision No. 627 of 1992, it is hereby made clear that

both, Govt. Appeal (DB) No. 12 of 1993 and Criminal Revision No. 627 of 1992, shall proceed in accordance with law along with Cr. Appeal (DB) No. 356 of 1992.

Registry shall proceed accordingly.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U