ARUN KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 29/6/2006 passed in Special Case No. 06 of 2003 arising out of P.C.R Case No. 541 of 2002 by the court of learned Special Judge-cum-1st Additional Sessions Judge, Godda, whereby and where under the appellants have been convicted for the offence punishable under Sec. 323 I.P.C and under Sec. 3(1)(x) and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and have been sentenced to undergo R.I. for 1 year with a fine of Rs.200.00 each and a default sentence of imprisonment for a period of 7 days u/s 3(1)(x) of the SC/ST Act, 1989; R.I. for 1 year with a fine of Rs.200.00 each and a default sentence of imprisonment for a period of 7 days u/s 3(1)(xi) of the SC/ST Act, 1989 and S.I. for 3 months u/s 323 IPC. All the sentences were directed to run concurrently.

(2.) Learned counsel for the appellants, at the outset, has informed that the appellant no.1 Khirod Mandal has died during pending of this appeal and, therefore, it is prayed that the instant criminal appeal be abated with respect to the deceased appellant no.1 Khirod Mandal and let his name be deleted from the array of parties in the cause title of the memo of appeal.

(3.) Learned A.P.P. appearing on behalf of the State is present and filed a counter affidavit on behalf of the State stating therein that the appellant no.1 Khirod Mandal has died on 28/11/2020 during pending of this appeal and a detail report to that effect has also been received from the Officer-in-Charge of the Godda (Muffasil) Police Station dtd. 22/9/2022, which is annexed as Annexure-A series to the instant affidavit.