Maheshwar Rai v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.36 of 2004 ====================================================== MAHESHWAR RAI, son of Late Ram Khelawan Rai, resident of village Muktapur, P.S. Kalyanpur, District Samastipur ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Gyan Prakash, Advocate :

Ms. Parul Priya, Advocate For the Respondent/s :

Mr.Syed Ashfaque Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 24-10-2024

1. This Court has called for the report from Superintendent of Police, Samastipur to know whether the appellant Maheshwar Rai is alive or not as he was aged about 50 years as on the date of the offence i.e. 27.07.1994, and he would be aged about 80 years by this time.

2. This Court received the report of the Superintendent of Police dated 18.10.2024 along with Death Certificate of appellant Maheshwar Rai. On perusal of the report and Death Certificate, it is evident that Maheshwar Rai died on 17.01.2011.

3. Therefore, Criminal Appeal (SJ) No. 36 of

Patna High Court CR. APP (SJ) No.36 of 2004(6) dt.24-10-2024 2/2 2004 arising out of the judgment dated 18.12.2003 passed by Additional District and Sessions Judge, Fast Track Court No. 4 in Sessions Trial No. 105 of 1996/105 of 2002 stands abated.

(G. Anupama Chakravarthy, J) amitkr/- U T