Nimai Mahato vs The State Of Jharkhand
2023 Latest Caselaw 3560 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (SJ) No.513 of 2011

        Nimai Mahato                                         .....   ... Appellant
                                   Versus
        The State of Jharkhand                              .... .... Respondent
                          --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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        For the Appellant   : None
        For the State       : Mr. Manoj Kr. Mishra, APP
                           --------

05/19.09.2023        No one appears on behalf of appellant. Learned APP for the
        State is present.

2. Learned APP on behalf of State has submitted that in compliance of the order dated 15.06.2023 passed by the Court, the affidavit has been filed on behalf of State in regard to the whereabouts of the appellant. The affidavit was filed on 14.08.2023. On behalf of State Umesh Singh, Sub-inspector Bindapathar, Police Station Jamtara had deposed in para-4 that Nimai Mahato, son of Narsingh Mahato has died on 13.10.2012, a xerox copy of the letter no.DR1471/23 dated 14.08.2023 alongwith death certificate is made annexure-A of the affidavit.

3. It transpires from the record that vide order no.4 dated 15.06.2023 the learned APP was directed to ascertain the whereabouts, existence and appearance of the appellant through the concerned police station. In compliance of order dated 15.06.2023, the affidavit was filed on on behalf of State on 14.08.2023 and in this affidavit it is stated that Nimai Mahato, son of Narsingh Mahato has died on 13.10.2012. The letter issued by Umesh Singh dated 14.08.2023 addressed to Mr. Manoj Kr. Mishra, the learned Public Prosecutor, in which, it is stated that Nimai Mahato, son of Narsingh Mahato has died on 13.10.2012 and the certificate was issued by the competent authority, the Department of Planning and Development (Directorate of Statistics and Evaluation) wherein Nimai Mahato, son of Narsingh Mahato, mother's name Bijuli Devi is shown to have dead on 13.10.2012 at Jamtara.

4. This criminal appeal was preferred on behalf of Nimai Mahato, son of Narsingh Mahato, resident of village-Mohanabank, PO and PS Bindapathar, District Jamtara.

5. In the impugned judgment of conviction and sentence, the name of convict is shown Nimai Mahato.

6. The sole appellant had died on 13.10.2012 more than 10 years ago, none of his legal heir has come forward to proceed with this criminal appeal.

7. As such, in view of section 394 of Cr.PC, this criminal appeal stands abated.

8. Accordingly, this criminal appeal is dismissed as abated.

(Subhash Chand, J.) RKM