(1.) In view of order dated 14.1.2008 learned counsel for the appellant could not get instruction regarding death of the appellant and submits that it may presume that he is alive and the appeal may be heard and disposed of. Learned Addl.P.P. does not raise any objection.
(2.) Heard learned counsel for the appellant as well as the Addl.P.P.
(3.) The appellant has filed this appeal against the judgment dated 20.4.1993 passed by 4th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 45 of 1983 by which the appellant has been convicted under Sec. 436 of the Indian Penal Code and has been sentenced thereunder to undergo rigorous imprisonment for five years.