SHYAM SUNDER RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Ajay Kumar Thakur assisted by Ms. Vaishnavi Singh, Ms. Kiran Thakur, Mr. Ritvik Thakur and Mr. Purushottam Kumar, learned Advocates and Shri Dilip Kumar Sinha and Shri Satyan Narayan Prasad for the State and Mr. Shantanu Kumar for the informant in all the above mentioned criminal appeals, which are being disposed of by this common judgment.

(2.) Before, we proceed to decide this case, it is necessary to be recorded that we found that the predecessor Bench had been informed about the demise of Shyam Sundar Raut, appellant no. 1 in Criminal Appeal (DB) No. 205/2017. A statement had been made on behalf of the appellants that Shyam Sundar Raut had passed away on 11/5/2017. The Bench vide order dtd. 20/1/2022 directed the appellants to file an I.A. application, bringing the death certificate on record and also issued non-bailable warrant of arrest against afore-noted Shyam Sundar Raut, perhaps in expectation of an execution report confirming the death of the afore-noted appellant.

(3.) The Interlocutory Application as directed by the Bench has already been filed along with a death certificate issued by the North Delhi Municipal Corporation, Govt. of India. Notwithstanding the aforesaid, we also directed Mr. Dilip Kumar Sinha, the learned APP in one of the appeals to enquire from the office of the concerned Superintendent of Police whether the statement made by the appellants about the death of Shyam Sundar Raut is correct.