IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.342 of 1989 KEDAR NATH MISHRA, SON OF KHADERAN MISHRA, RESIDENT OF VILLAGE BHORAHA, P.S. SHYAMPUR BHATHA, DISTRICT-SITAMARHI. …..Appellant. with CR. APP (DB) No.276 of 1989 SUSHIL NATH MISHRA, SON OF SRI NAGINA MISHRA, RESIDENT OF VILLAGE BHARAHA, POLICE STATION SHYAMPUR, BHATAHA, DISTRICT-SITAMARHI. …..Appellant. with CR. APP (DB) No.321 of 1989 RAM CHANDRA TIWARI, SON OF LATE DEODHARI TIWARY, RESIDENT OF VILLAGE BHORHA, POLICE STATION SHYAMPUR BHATHA, DISTRICT- SAMASTIPUR. …..Appellant. with CR. APP (DB) No.323 of 1989 1. JAGAT RAI, SON OF RAMESHWAR RAI, 2. CHATURBHUJ SINGH, SON OF DURGA PRASAD SINGH, RESIDENT OF VILLAGE-BHORAHA, POLICE STATION-SHYAMPUR BHATAHA, DISTRICT- SITAMARHI. …..Appellants. with CR. APP (DB) No.341 of 1989 1. RAM AYODHYA TIWARY, SON OF LATE DEODHARI TIWARY, RESIDENT OF VILLAGE BHORHA, POLICE STATION SHYAMPUR BHATHA, DISTRICT- SAMASTIPUR. 2. RAMJAS RAI, SON OF LATE KODAI RAI, RESIDENT OF VILLAGE-BHORHA, POLICE STATION-SHYAMPUR BHATHA, DISTRICT-SAMASTIPUR. …..Appellants. Versus THE STATE OF BIHAR …..Respondent (in all the appeals). ----------- 11/ 21.01.2011 Criminal Appeal (DB) No. 342 of 1989 is one of the five appeals which has arisen out of judgment delivered on 31st May of 1989 in Sessions Trial No. 7 of 1987 by the learned Sessions Judge, Sitamarhi. Altogether seven persons were convicted and all have filed the above Criminal Appeals 2 against their conviction and sentence. One of the appeals i.e. Criminal Appeal (DB) No. 342 of 1989 was filed by Kedar Nath Mishra about whom it has been reported through an affidavited petition sworn by the wife of Kedar Nath Mishra that Kedar Nath Mishra has died on 24.01.2008 and his death has been registered on 31.01.2008 vide Registration No. 1/2008. The death certificate has been annexed with the affidavit. Heard learned Counsel for the parties. In view of death of appellant Kedar Nath Mishra Criminal Appeal (DB) No. 342 of 1989 stands abated. In the rest four criminal appeals, the arguments have been concluded and the judgment is reserved. kksinha/- (Shyam Kishore Sharma, J.) (Akhilesh Chandra, J.)