Kashi Mushar v. (In both cases)

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Appellants For the State : : Mr. Deepak Kumar, Advocate Mr. Shiv Shankar Kumar, APP Mrs. Nehala Sharmin, APP ----- 6/08.12.2022 Learned counsel for the appellant in Cr. Appeal (SJ) No.640 of 2007 is present. Nobody appears on behalf of the appellant in Cr. Appeal (SJ) No.523 of 2007. Learned respective counsels for the State are also present. The report called for has been received, which is kept at Flag – X on the record. From perusal of the report, it appears that the report has been received from the Court of District & Additional Sessions Judge-I cum FTC-II, Giridih, by which, it appears that the sole appellant Hari Sao of Cr. Appeal (SJ) No.523 of 2007 has died on 17.12.2021. The death certificate of the said appellant Hari Sao has also been enclosed, which has been issued by the competent authority of the State Government, by which, it appears that Hari Sao had died on 17.12.2021.

Learned APP Mrs. Nehala Sharmin appearing on behalf of the state submitted that she has also received the information that the sole appellant Hari Sao of Cr. Appeal (SJ) No.523 of 2007 has died and the death certificate has also been issued with respect to his death, which took place on 17.12.2021 and in this view of the matter, it is urged on behalf of the State that let this Cr. Appeal (SJ) No.523 of 2007 be abated as no close relative has come forward to continue with the appeal on behalf of the deceased appellant. In view of the report received and the submission advanced on behalf of the State, let Cr. Appeal (SJ) No.523 of 2007 be abated by operation of law as no close relative has come forward to continue with the appeal on behalf of the deceased appellant. Accordingly, Cr. Appeal (SJ) No.523 of 2007 is disposed of as abated. So far as Cr. Appeal (SJ) No.640 of 2007 is concerned there were two appellants in the said appeal and one of appellants Kashi Mushar, as per the aforesaid report has expired on 10.01.2013 and the death certificate has been duly issued by the Mukhia of Gram Panchayat, Manjhne, parkhand Gavan, Giridih that the said appellant Kashi Mushar has died on 10.01.2013 and the rest appellant Sitaram is alive and the notices has been duly served upon him. Learned counsel appearing on behalf of the appellant submitted that one adjournment be given to get ready to argue this case. As prayed for on behalf of the appellant in Cr. Appeal (SJ) No.640 of 2007, let this case be adjourned. R.Kumar (Navneet Kumar, J.)