RAMCHANDRA AKARAM SOLANKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who have been convicted for the offence punishable under section 302 read with section 34 of the Indian Penal Code, in Sessions Case No. 101/ 2003, directing them to suffer imprisonment for life, are in appeal before this Court under Section 374(2) of the Code of Criminal Procedure.

(2.) This appeal was before this Court on July 20, 2005. After hearing the counsel for the appellants, the appeal was admitted by this Court and record and proceedings was called. Two appellants, after conviction and sentenced by the learned trial Court, were lodged in jail. Their communication addressed to this court was registered as Criminal Appeal No. 414/2005. The appeal filed on behalf of these two appellants through advocate was already registered as Criminal Appeal No. 366/2005. In this view of the matter, Criminal Appeal No. 414/2005, registered on the basis of the communication from the appellants who were in jail at the relevant time, came to be dismissed as infructuous. This order was passed by the Division Bench of this Court on August 18,2005. By the said order this Court had directed to keep Criminal Appeal No. 414/ 2005 (decided) along with the present Criminal Appeal for future reference and this is how the present Criminal Appeal No. 366/2005 was listed for hearing before this Court.

(3.) At the outset, the learned counsel Mr. Badar, appearing for the appellants, on instructions, made a statement that the appellant no.2-FulsingAkaram Solanke, who was 65 years old on the date of filing of the appeal, expired during the pendency of the appeal in jail. His statement, has not been disputed by the learned APP present before the Court that appellant no.2 Pulsing Akaram Solanke has expired. In view of this circumstance, the present appeal, in relation to appellant no.2 -Fulsing Akaram Solanke, stands abated.