SANCHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Cr. Appeal (DB) No. 83 of 2004:

(2.) In view of the aforesaid submission, this appeal is disposed of, as abated, because the death of the sole appellant, namely, Koyo Paharia, has taken place on 22nd January, 2013.

(3.) It is vehemently submitted by the learned counsel for the appellant that there are major omissions, contradictions and improvements in the depositions of the prosecution witnesses and this aspect of the matter has not been properly appreciated by the learned trial court and hence, the impugned judgment and order of conviction and sentence, passed by the learned trial court court deserves to be quashed and set aside. It is further submitted by the learned counsel for the appellant that there is no eye witness of the incident and the case of the prosecution is based upon the circumstantial evidence. Neither the chain of circumstance has been completed nor the circumstances of even incomplete chain have been proved beyond reasonable doubts. The whole case of the prosecution is based upon the last seen together theory.