YUGAL THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prosecution case initiated on written complaint of one Sonamati Devi Devi, in brief, is that on 29.7.1984 at about 11.00 a.m. accused appellants taken away Lakhendra Paswan aged about 11-12 years who is traceless till today. Really she found her son missing from the house, she waited for 3-4 days, thereafter she went to accused persons, enquired about her son but they did not. disclose his whereabout rather abused her. Again she went to appellants with some villagers who gave threatening about filing of case, then a time of 15-20 days was requested but of no consequence rather an assurance was given about his appearing after Dasehra. Accused appellants were found absent from their house, at the same time informant knew about criminal activity of accused appellants that they were involved in kidnapping of boys and girls. It was told by villagers about watching the victim to the house of appellant No. 1.

(2.) After concluding the trial, the case is ended in conviction under Section 363 of the Indian Penal Code.

(3.) Learned counsel for the appellants submits that appellant No. 1 Yugal Thakur has died during the pendency of the appeal. An affldavitted petition is there on record to the above effect. As such, his (appellant's) case stands abated.