VICTOR KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction dtd. 9/4/2003 and order of sentence dtd. 10/4/2003 passed by the learned Additional District and Sessions Judge (F.T.C.), Latehar in Sessions Trial No. 73 of 2002, whereby and where under all the aforesaid appellants have been convicted for the offence punishable under sec. 304 Part II r/w sec. 34 of IPC and accordingly both the appellants were sentenced to undergo R.I. for a period of 5 years.

(2.) It appears form the record that during the pending of the appeal the appellant no. 1 Victor Kujur had expired as evident from the affidavit filed on behalf of the State. Form the perusal of the said affidavit, it appears that the appellant no. 1 Victor Kujur son of Bhauka Kujur had died about 12 years ago and the appellant no. 2 Santosh Kujur was served with a notice for his appearance. The death of the deceased appellant has been certified by the Mukhiya of Hampa Gram Panchayat along with the report of the Officer Incharge of the Mahuwadand Police Station in the district of Latehar.

(3.) The learned counsel appearing for the appellants submitted that no close or near relative of the deceased appellant no. 1 Victor Kujur, wanted to continue with this appeal and, therefore, it is urged on his behalf to abate this appeal with respect to the deceased appellant Victor Kujur. Accordingly, this appeal gets abated with respect to the deceased appellant no. 1 Victor Kujur and his name is directed to be deleted from the cause tittle of memo of appeal. Now, the sole appellant no. 2 Santosh Kujur is before this Court.