MD SABIQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) CHALLENGE in this appeal is thrown to the judgment and order dated 19th May, 1993 recorded by learned Addl. Sessions Judge -III, Madhepura in Sessions Trial No. 120/1996 whereby and whereunder the appellants were found guilty under Sections 452 and 324 of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and 6 months respectively. The sentences have been directed to run concurrently.

(2.) BEFORE I proceed further, this is to be recorded that during the pendency of the appeal, learned Counsel for the appellants had produced a xerox copy of death certificate respecting appellant No. 3 Sita Ram Sah before this Court to show that the aforesaid Sita Ram Sah (appellant No. 3) had died on 23.12.2000. Under order dated 17.1.2008, a report was called for from the Superintendent of Police, Madhepura as to whether aforesaid appellant is dead or not. A report dated 19.6.2008 submitted pursuant to the order of this Court is at Flag 'A'. The Superintendent of Police, on making appropriate inquiries, found that the aforesaid appellant had died during the pendency of the appeal. In that view of the matter, the present appeal, so far as appellant No. 3 Sita Ram Sah stands abated and is, accordingly, dismissed as having been abated. The office shall carry out necessary correction in the cause title of the present memo of appeal.

(3.) ON recording the ferdbeyan, a formal F.I.R (Ext. 8) was drawn up and thereafter the informant P.W. 7 embarked on investigation. On concluding the investigation, a charge sheet was submitted on 31.12.1985 against 17 accuseds named in the F.I.R. holding that the case was found true under Sections 147, 148, 452, 307, 380 and 325 of Indian Penal Code. The Court took cognizance of the case. The learned C.J.M., Madhepura, under order dated 4.4.1986 committed the case to the Court of Sessions for taking up the trial of the case as the same was found triable by the Court of Sessions. On 18.7.1988, the learned Trial Court framed charges against the accused persons including the appellants under various sections of the Penal Code noticed above.