Tirthbasi Tiwary And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.17 of 2011 ========================================================== 1.Tirthbasi Tiwary son of Late Gaya Tiwary, R/O Village Dandwas, P.S. Mohania, District Kaimur.

2.Bhola Nath Tiwary @ Bhola Tiwary son of Late Bachan Tiwary, R/O Village Barahauli, P.S. Mohania, District-Kaimur.

.... .... Appellant/s

Versus

The State of Bihar .... .... Opposite Party.

=========================================================== Appearance :

For the Appellant/s : Mr. Naresh Dikshit, Adv For the Respondent/s : Mr. A.Sharma(App) ============================================================ CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH and HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH) 23-03-2017 Learned counsel for the appellants submits that Tirthbasi Tiwary and Bhola Nath Tiwary, have died during the pendency of this appeal. The aforesaid fact is not disputed by the learned counsel for the State as well as learned counsel for the informant, who are present in the Court.

We too find that at the time of recording of the statement of the appellants under Section 313 of the Cr.P.C., ten years back, appellant no. 1, Tirthbasi Tiwary, was aged about 80 years and appellant no. 2, Bhola Nath Tiwary was aged about 85 years.

In view of the submission of the learned counsel for the appellants as well as learned counsel for the informant

Patna High Court CR. APP (DB) No.17 of 2011 (4) dt.23-03-2017 2/2 made at bar, we are inclined to accept the submission that the two appellants have died and as such the appeal against them stands abated.

(Samarendra Pratap Singh, J) (Arun Kumar, J) U Ranjan/-