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2026 DAILYLAW 4776 (JHR)

BIRJU MURMU v. STATE OF JHARKHAND

Cr.A(SJ)/247/2005 · 2026-01-06

Sanjay Prasad

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:198 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No. 247 of 2005 Birju Murmu, Son of Late Surjan Murmu, resident of Juspur, P.S. Bindapather, District-Jamtara. …… Appellant Versus The State of Jharkhand …. Respondent --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellant : Mr. D.C. Mishra, Advocate For the State : Mr. Subodh Kumar Dubey, APP ----------- 06/Dated:06th January, 2026 This Criminal Appeal has been filed on behalf of the sole appellant challenging the judgment of conviction and Sentence dated 10.02.2005 passed by Sri Indra Deo Misra, learned 2nd Additional Sessions Judge, (Fast Track Court), Jamtara in Sessions Case No.290 of 1992/52 of 2002, arising out of Nala (Bindapather) P.S. Case No.66 of 1991 by which the appellant has been convicted for the charges under Sections 147, 148, 149, 323, 324, 325, 341, 307/34 and 308/34 of IPC and sentenced to undergo R.I for one (01) year, R.I. for two (02) years, R.I for one (01) year, R.I for one (01) year, R.I. for two (02) years, R.I. for three (03) years, R.I. for one (01) month, R.I. for five (05) years and R.I. for five (05) years respectively. However, all the sentences have been directed to run concurrently. 2. During pendency of this case, it was brought to the notice before the Co-ordinate Bench (Hon’ble Mr. Justice Rajesh Kumar) of this Court on 30.10.2025 that the appellant-Birju Murmu is no more and the State was directed to make enquiry and submit a report to that effect. 3. Thereafter a counter affidavit was filed on behalf of the State on 08.11.2025 through one Anmol Horo, son of late Sukra Horo, 2026:JHHC:198 2 A.S.I, P.S-Bindapather, District-Jamtara and it has been stated that after making enquiry from the family members of the sole appellant and from the neighbours, it was learnt that sole appellant has died on 06.12.2022 itself. It is stated that family members of the sole appellant has provided the photo copy of the Death Certificate of the appellant Birju Murmu which has been enclosed as Annexure-A. 4. From perusal of the Death Certificate, it appears that he had died on 06.12.2022, aged around seventy (70) years. The above Death Certificate has been issued by the Government of West Bengal, Department of Health and Family Welfare. 5. Under the circumstances, this Criminal Appeal (S.J) No.247 of 2005 stands abated against the appellant-Birju Murmu under Section 394 Cr.P.C on account of his death. (Sanjay Prasad, J.) Dated: 06.01.2026 Saket/-