RAM PRAVESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above noted appeals have arisen out of common Judgment as such they have been heard together and are being disposed of by this common judgment.

(2.) The appellant Bhalu Yadav has filed Cr. Appeal No. 115 of 1993 and the another appellant Ram Pravesh Yadav has filed Cr. Appeal No. 138 of 1993 against the judgment of conviction and order of sentence dated 8th April, 1993 passed by Sri Amod Prasad Ram in Sessions Trial No. 34 of 1986 whereby the appellants were found guilty for the offence under sec. 307 of the Indian Penal Code and were sentenced to undergo R.I. for 7 years and to pay fine of Rs. 200/- each and in default to undergo further R.I. for 2 months.

(3.) At the very outset, learned counsel for the appellant Ram Pravesh Yadav of Cr.Appeal No. 138 of 1993 Submits that he has died on 2.3.2003 for which a death certificate granted by the Mukhiya of the concerned Panchayat has been filed. So he prays that the appeal against Ram Pravesh Yadav may abate. This prayer has not been opposed by the learned APP. Accordingly, the Cr. Appeal No. 138 of 1993 filed by Ram Pravesh Yadav stands abated.