Page No.# 1/3 GAHC010235472013 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./396/2013 MUKUNDA MADHAB BARMAN and ANR. S/O LATE BOLO RAM BARMAN, R/O AKASHI NAGAR, BAMUNIMADIAN, P.S. CHANDMARI, DIST. KAMRUP, PIN 781021 2: NAR NARAYAN SARMA S/O LATE GOPAL SARMA R/O ARUNODOI PATH BHARALUMUKH SLUICEGATE P.S. BHARALUMUKH DIST. AKMRUP PIN 78100 VERSUS STATE OF ASSAM Advocate for the Petitioner : MR.K K BHATTACHARYYA, MR.D K BHATTACHARYYA,MR.S DUTTA,MR.A K CHOUDHURY,MR.A K BHATTACHARJEE Advocate for the Respondent : , PP, ASSAM,,, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.10.2025 Heard Mr. D. K. Bhattacharya, learned counsel for the appellant. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor, appearing for the State. 2. The present appeal was instituted by the appellants, namely, Mukundha Madhab Barman and Naranarayan Sarma, assailing the Judgment and order dated 19.11.2013, passed by the learned Special Judge, Assam, Guwahati, in Special Case No.2/2009, convicting the appellants under Section 409 Indian Penal Code, read with Section 13(2), Section 13(1)(c), of the Prevention of Corruption Act, 1988, and sentencing them accordingly. 3. This Court on 17.09.2025, was informed by the learned counsel for the appellants that the appellant no.2, Naranarayan Sarma, had passed away on 07.05.2021. It was also learnt that the appellant no.1, Mukundha Madhab Barman, had also passed away, however, confirmation thereof, was not available. 4. Accordingly, this Court vide order dated 17.09.2025, had required Mr. M. P. Goswami, learned Additional Public Prosecutor, to receive instructions in the matter. 5. Today, when the matter has been taken up, Mr. M. P. Goswami, has placed on record, the written communication dated 24.10.2025, received from the Senior Superintendent of Police, Directorate of Vigilance and Anti-Corruption, Page No.# 3/3 Assam, wherein, it was projected that, on enquiry, it was confirmed from the family of the appellant no.1, that the appellant no.1 had expired in the year 2018. As both the appellants, herein, having expired during the pendency of the present proceedings, the present appeal stands abated. 6. Accordingly, the present appeal stands closed on having being abated. 7. A copy of the communication dated 24.10.2025, furnished by Mr. M. P. Goswami, Additional Public Prosecutor, is kept on record and marked as ‘X’ for identification. JUDGE Comparing Assistant