Chandrika Koeri And ANR v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.316 of 2004 ====================================================== CHANDRIKA KOERI and ANR.

... ... Appellant/s

Versus

STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Naresh Prasad, Advocate Mr. Sumit Kumar, Advocate For the Respondent/s :

Mr. Virendra Kr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-09-2025 Heard the parties.

2. The present appeal has been preferred against: "the judgment and order dated 31 March 2004 passed by Sri Annant Prasad Srivastav Adhoc, District and Session Judge, presiding officer, Ist Additional Fast Track Court, Siwan passed in Session Trial No. 55/87/182/98 arising out of G.B. Nagar P.S. case no. 30/86 whereby and whereunder the appellants have been held guilty and sentenced for seven years R.I. under Sections 307/34 I.P.C. and further a fine of Rs. One thousand each was imposed in default six months R.I. and further the appellants have been found and held guilty under section 27(2) Arms Act and sentenced to R.I. for seven years and also a fine of Rs. One thousand each has been imposed and in default R.I. for six months. The sentences were

Patna High Court CR. APP (SJ) No.316 of 2004(5) dt.20-09-2025 2/2 ordered to run concurrently. It has further been mentioned that no separate conviction has been awarded under Section 25(A) of the Arms Act and further it has been ordered that the period of custody during investigation and trial shall be adjusted in period of conviction. Since the appellants were on bail, they were taken into custody after canceling the bail bond."

3. Mr. Sumit Kumar on the instruction of Mr. Naresh Prasad representing the appellants submits that both Chandrika Koeri and Yogendra Koeri died during the pendency of the appeal and as such, the appeal has become infructuous/abated.

4. In view of the aforesaid submissions put forward by learned counsel on the instruction of Nr, Naresh Prasad representing the appellants, the present appeal stands dismissed as infructuous.

(Rajiv Roy, J) Adnan/- U T