Md. Samsul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5223 of 2024 Arising Out of PS. Case No.-171 Year-2011 Thana- PIRPAINTI District- Bhagalpur ====================================================== Md. Samsul S/o Md. Karamat Resident Of Village Maharana, P.SBarahat,Dist.- Banka. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Praveen Kumar, Adv For the Respondent/s :

Mrs.Abha Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-04-2025 Heard the parties.

2. The present appeal has been filed:- "against the Impugned judgment of conviction dated 07.10.2024 and order of sentence dated 08.10.2024 passed in S.T. No. 818 of 2012 (arising out of Pirpainti P.S. Case No. 171 of 2011), passed by Sri Vivek Kumar, the learned Additional Sessions Judge XIV, Bhagalpur whereby and whereunder the appellant has been convicted for offence punishable under section 304 Part II and has been sentenced to undergo rigorous imprisonment for 10 years and has been imposed with a fine of Rs. 10,000/- and in default of payment of fine to undergo additional one year simple imprisonment.

3. On 07.03.2025, learned counsel for the appellant submitted that probably the appellant is no more and as such, he

Patna High Court CR. APP (SJ) No.5223 of 2024(5) dt.08-04-2025 2/2 needs some time to verify the fact.

4. In that circumstance, this Court asked for a report from the Jail Superintendent, Shaheed Jubba Sahani, Central Jail, Bhagalpur. Pursuant thereto, the letter no. 1724 dated 12.03.2025 has been received duly signed by the Superintendent of the said Jail, according to which, the appellant died in Patna Medical College Hospital, Patna on 02.03.2025 at 6.37 AM.

5. In that background, the appeal has become infructuous. Accordingly, the same stands disposed of being infructuous.

(Rajiv Roy, J) perwez U