IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.296 of 1989 =========================================================== 1. Ram Naresh Singh. 2. Ramashraya Singh. Both sons of Sri Jagdish Singh, resident of Village Nai Pokhar, P.S. Rajgir, Distt. Nalanda. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Dr. Anjani Prasad Singh, Advocate For the Respondent/s : Mr. Ashwani Kumar Sinha, with Mr. Pramod Kumar, Advocates =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT 8th July 2011 (Per: HONOURABLE THE CHIEF JUSTICE) Learned Advocate Dr. Anjani Prasad Singh appears for the appellants. This Appeal under Section 374 (2) Cr.P.C. is preferred by two accused Ram Naresh Singh and Ramashraya Singh, both sons of one Sri Jagdish Singh, resident of Village Nai Pokhar, P.S. Rajgir, Distt. Nalanda. The appeal is directed against the judgment and order of conviction dated 30th June 1989 passed by the 4th Additional Sessions Judge, Nalanda in Sessions Trial No.284/1957 of 88-1988. The appellants have been convicted for offence punishable under Section 302 read with Section 149 of the Indian Penal Code and are sentenced to undergo rigorous imprisonment for life. Learned counsel for the appellants has filed a supplementary Patna High Court CR. APP (DB) No.296 of 1989 dt.08-07-2011 2 affidavit sworn by one Hariom Prasad Singh, son of the appellant no.1 Ram Naresh Singh. He has made a statement on oath that the appellant no.1 has passed away on 8th of February 2007. In support thereof he has produced copy of the death certificate issued by the Gram Panchayat Nai Pokhar, Nalanda. Appellant no.2, Ramashraya Singh has passed away on 21st November 1999 at Patna Medical College and Hospital. In support, the deponent has produced death certificate issued by the Patna Medical College and Hospital. In view of fact that both the appellants have died, the appeal stands abated. Appeal is accordingly disposed of. M. Rahman/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J) Patna High Court CR. APP (DB) No.296 of 1989 dt.08-07-2011 3