DIWAKAR MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the Judgment of Conviction and order of sentence dtd. 22/2/2005, passed by the learned Additional Judicial Commissioner, Ranchi, in S.T. No.385 (A) /1985, arising out of Bundu P.S. Case No.07 of 1985, corresponding to G.R Case No.46 of 1985, whereby and where under it appeared that the learned court below ordered that all the appellants were convicted for the offence punishable under Ss. 343, 147, 148 and 149 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and they were sentenced to undergo rigorous imprisonment (hereinafter referred to R.I.) for 2 (two) years under Ss. 343, 147, 148 and 149 of I.P.C under all the counts collectively and were also ordered to pay a fine of Rs.2,000.00 (Rupees Two Thousands only) each and in default of payment of fine, the learned Court further directed them to undergo simple imprisonment (hereinafter referred to as the S.I.) for a period of 3 (three) months and it was further directed that all the sentences would to run concurrently.

(2.) It is found from the record that the report was called for from the concerned Court with respect to the whereabouts of the appellants, which has been received from the officer In-charge, Dasamfall Police Station, Ranchi, which is kept on record at flag-X, by which, it appeared that two of the accused appellants namely Budulal Munda and Shivnath Singh Munda have expired and their death certificates have also been issued by the competent authority, by which it appears that the appellant Budulal Munda had expired on 20/7/2021, whereas the appellant Shivnath Singh Munda had expired on 28/1/2010 and the learned defence counsel appearing on behalf of the appellants submitted that since no close relative has come forward to continue with this appeal, it is urged on their behalf that let this appeal be abated with respect to the diseased appellants.

(3.) Leaned APP appearing on behalf of State submitted that on the basis of the report received; let this appeal be abated with respect to the deceased appellants as aforesaid.