Ganga Kuanwar And ANR v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.356 of 1995 ======================================================

1. Ganga Kuanwar, Son of Ram Charitra Kuanwar.

2. Shashi Kuanwar, Son of Late Satya Narayan Kuanwar. Both residents of Village- Bangaon, P.S. Bajpatti, District-Sitamarhi. ... ... Appellants

Versus

The State Of Bihar ... ... Respondent ====================================================== with CRIMINAL APPEAL (DB) No. 1 of 1996 ====================================================== Pramod Kuwar, Son of Ganga Kunwar, resident of Village-Bangaon, P.S. Bajpatti, District-Sitamarhi.

... ... Appellant

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

(In CRIMINAL APPEAL (DB) No. 356 of 1995) For the Appellants :

Mr. Prasoon Sinha, Advocate For the Respondent :

Mr. Dilip Kumar Sinha, A.P.P.

(In CRIMINAL APPEAL (DB) No. 1 of 1996) For the Appellant :

Mr. Prasoon Sinha, Advocate For the Respondent :

Mr Ashwani Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 25-08-2022 Heard learned counsel for the appellants and learned A.P.Ps. for the State.

Patna High Court CR. APP (DB) No.356 of 1995(5) dt.25-08-2022 2/3 These criminal appeals have been filed on behalf of the appellants against the order of sentence and judgment of conviction dated 06.11.1995, passed by the learned Ist Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 11 of 1995 amalgamated with Sessions Trial No. 46 of 1995, arising out of Bajpatti P.S. Case No. 35 of 1991 by which all the appellants have been convicted under Sections 302/34 of the I.P.C. and sentenced to undergo R.I. for life with a fine of Rs. 8,000/- each. The appellant Ganga Kuer has further been convicted under Section 27 of the Arms Act and sentenced to undergo R.I. for a further period of four years. The sentences have been directed to run concurrently.

By order dated 28.07.2022, a report was called for by this Court from the Superintendent of Police, Sitamarhi, in respect of the aforesaid appellants in Sessions Trial No. 11 of 1995 amalgamated with Sessions Trial No. 46 of 1995 as to whether the aforesaid appellants are alive or dead. In pursuance of the above order, a Memo bearing No. 260/V.Ko., dated 21.08.2022 has been sent from the office of the Superintendent of Police, Sitamarhi, stating therein that all the aforesaid appellants have died during the pendency of these criminal appeals.

Patna High Court CR. APP (DB) No.356 of 1995(5) dt.25-08-2022 3/3 Considering the report submitted by the Superintendent of Police, Sitamarhi, both appeals stand abated. Accordingly, both appeals are consigned to the record. (Sudhir Singh, J) U.K./- ( Chandra Prakash Singh, J) U T