Page No.# 1/3 GAHC040006662023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.A./18/2023 Tulsi Das W/o Lt. Montu Das, Resident of Korunabari, PO/PS Laluk, North Lakhimpur District. Assam. M. No. 9362102126 VERSUS THE STATE OF AP and Anr. Represented by the Public Prosecutor. 2:Lalit Tamang Age: 0 Occupation : Son of Late Mon Bahudur Tamang Resident of Lalten Basti Rupa PO/PS Rupa District West Kameng Arunachal Pradesh Advocate for the Petitioner : Uttam Deka, Chorpok Modi,A Saring,Bomyom Ori,K Gara,M Tunar,Gyati Nehal,Maji Dui,N Tania,Tame Rimi,Nabam Chatum Advocate for the Respondent : P P of AP, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 07.05.2025 (M.R.Pathak, J) Heard Ms. Tame Rimi, learned counsel for the appellant and Ms. L Hage, learned Additional Public Prosecutor for the State of Arunachal Pradesh. 2. Appellant, Dilip Das, son of late Montu Das, resident of Village-Ujabari, Police Station-Laluk, District-North Lakhimpur, Assam, preferred this criminal appeal on 24.05.2023 under Section 374 (2) of the Code of Criminal Procedure against the judgment & conviction dated 30.03.2023 and sentence dated 04.04.2023 passed by the learned Sessions Judge of East Kameng, West Kameng and Tawang Districts at Bomdila, Arunachal Pradesh in Sessions Case No. 34/2012 arising out of Bhalukpung Police Station Case No. 11/2008 by which the appellant was convicted under Sections 302/382/201 IPC and sentenced to Life Imprisonment and payment of fine of Rs. 10,000/- for the offence of murder punishable under Section 302 IPC; also sentenced to undergo Rigorous Imprisonment for 7 years and payment of fine of Rs. 5,000/- for the offence of causing disappearance of evidence punishable under Section 201 IPC and further sentenced to undergo Rigorous Imprisonment for 5 years and payment of fine of Rs. 5,000/- for the offence of stealing an Alto Car after murdering the deceased persons, where all the sentences are to run concurrently, setting of the detention already undergone by him during investigation and trial of the case under Section 428 CrPC. 3. Ms. Rimi, learned counsel for the appellant on the last occasion, i.e., on 01.05.2025 informed the Court that the convict/appellant, Dilip Das during pendency of this appeal and while serving the sentence has already expired. As such, we directed Ms. L Hage, learned Additional Public Prosecutor, Arunachal Pradesh to apprise the Court about the status of said convict/appellant, Dilip Das. 4. Today, Ms. L Hage, learned Additional Public Prosecutor, Arunachal Pradesh on instruction, placed a communication dated 05.05.2025 of the Inspector General of Jail, Government of Arunachal Pradesh, Itanagar informing the Court that the convict/appellant Dilip Das expired on Page No.# 3/3 01.02.2025 during medical treatment at Tomo Riba Institute of Health and Medical Sciences (TRIHMS) at Naharlagun, Arunachal Pradesh. Along with the said communication dated 05.05.2025 of the Inspector General of Jail, Government of Arunachal Pradesh, she has also placed the relevant dead body challan of said Dilip Das issued by the Forensic Specialist, TRIHMS, Naharlagun. 5. On being enquired, Ms. T Rimi, learned counsel for the appellant, on instructions, has submitted that neither the legal heirs nor any of the near relatives of the deceased convict/appellant Dilip Das are willing to continue with this appeal. 6. As the convict appellant Dilip Das has expired during pendency of this appeal, as noted above, this appeal, stands abated against him on his death as stipulated under Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 394 of the Code of Criminal Procedure, 1973). 7. Accordingly, this criminal appeal, being infructuous, stands dismissed. 8. Registry shall return the records of Sessions Case No. 34/2012 to the Court of learned Sessions Judge at Bomdila, along with a copy of this order. 9. The copy of the communication dated 05.05.2025 of the Inspector General of Jail, Government of Arunachal Pradesh, Itanagar be kept as a part of the record. 10. This order be brought to the notice of the Registrar, Itanagar Permanent Bench. JUDGE JUDGE Comparing Assistant