MAHESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHEN these appeals were taken up, no one appeared on behalf of Ajay Singh (appellant in Cr. Appeal No. (DB) 285 of 1991). In that appeal, it may be noted that the informant had also entered appearance but no one was present on his behalf. However, Shri Najmul Hoda, learned counsel who had filed Vakalatnama and is appearing on behalf of Mahesh Singh (appellant in Cr. Appeal No. (DB) 207 of 1991), stated that most probably appellant Ajay Singh died in the year 2002 but his client Mahesh Singh is not in a position to give any affidavit or any further particulars in that regards. In such a situation, let Cr. Appeal No. 285 of 1991 (DB) filed by Ajay Singh be separated.

(2.) LET notice be issued to the Superintendent of Police, Nalanda in Cr. Appeal No. 285 of 1991 (DB), to inquire into the matter and send a report to this Court within three months as to whether the appellant, Ajay Singh, son of Late Surendra Prasad Singh, R/o village -Gonawan, P.S. -Harnaut, District -Nalanda, who was convicted and sentenced vide judgment dated 3rd April, 1991 and 30th May, 1991 respectively, passed by Shree Sudarshan Upadhyay, Additional Sessions Judge III, Nalanda at Biharsharif in Sessions Trial No. 108 of 1990, is alive or dead. In case, appellant Ajay Singh is alive, he may be informed by the Superintendent of Police, Nalanda to take steps for appearance in the appeal.

(3.) NOW Cr. Appeal No. 207 of 1991 (DB) is alone taken up for final hearing and disposal.