DINA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel appearing for the appellants has produced a death certificate of Raj Kishore Mahto, appellant no.4 in this appeal, who is said to have died on 25.6.2011. The trial court will confirm this fact by holding an enquiry from the concerned authority. Let this certificate be kept on record. If the trial court comes to the conclusion that Raj Kishore Mahto has died, then this appeal should abate against him and if found otherwise by the trial court, then he shall be covered by the judgment and order to be passed in this appeal.

(2.) The appellants have been convicted to undergo rigorous imprisonment for seven years under Section 364 of the Indian Penal Code by the 2nd Additional Sessions Judge, Khagaria, in Sessions Trial No. 55/94.

(3.) The informant in this case is Shaila Devi, PW 4, wife of the victim Sulen Mahto. She has given her beyan by stating that on 3.5.93 at about 6/7 in the morning the appellants came to her door and told her husband that he should accompany them to attend a panchayat in village Badiya. It is stated that the informant s husband left with the appellants and never returned after that. After about two days she went to the house of the appellants to enquire about her husband who told her that they did not know about the whereabouts of her husband. In the F.I.R. it has been specifically stated that there is no enmity between the appellants and the victim.