RAMESH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants Ramesh Pandey and Ram Chandra Pandey were tried and convicted by the trial Judge under Section 302. IPC. On being found guilty, each one of them was sentenced to isonment for life. Jira Munda, who was arrayed as A -3 was also charged, tried and quitted. The present appeal is by the convicted accused.

(2.) RAM Chandra Pandey, after filing appeal died in jail and the Superintendent Central Jail Hazaribagh sent a letter dated 13.9.2005 to the relatives of Ram chandra Pandey intimating about his death. counsel for the appellant, Ram Chandra pandey submits that since Ram Chandra pandey died on 13.9.2005, the appeal abates. have perused the letter sent by the Superitendent, Central Jail, Hazaribagh and from the that we find that Ram Chandra Pandey, after filing the appeal died. Therefore, appeal filed by him abates. This Court has to consider the appeal of the appellant, Ramesh Pandey, who was arrayed as A -l. In this appeal, the appellant, Ramesh Panday and the appellant, Ram Chandra pandey, who died pending the appeal and Jira Munda. who was acquitted by the trial court will be referred as A -1 to A -3 in the same order as they were arrayed before the trial Court.

(3.) DURING the course of investigation, after the arrest of appellant, Ramesh Pandey, a requisition was given to the Magistrate to record his statement under Section 164, Cr PC. On receipt of the said requisition, A -l was produced before the Magistrate (he was not examined and the statement of the 1st accused said to have been recorded by the Magistrate was marked through a clerk as (Ext. 7).