(1.) The present appeal has again come up for hearing in the peculiar facts and circumstances of the case. Originally the appeal was preferred by four accused, namely, Bholaram Dhruw, Onkar Verma, Narayan and Duklaha Verma. There was a fifth accused also, namely, Devesh Kumar Verma, who had filed a separate appeal i.e., Criminal Appeal No. 1203 of 2001.
(2.) Both these appeals together came up for final hearing on 26.2.2016 and during the course of hearing, Ms. Nirupama Bajpai, learned Counsel appearing for the Appellants, made a submission that since Appellant No.1, Bholaram Dhruw, in the present appeal, has undergone the entire period of custody, she has no further instructions with regard to pursuing the appeal further so far as Appellant No.1, Bholaram Dhruw, is concerned.
(3.) On the said submission of the learned Counsel for the Appellants, the Division Bench proceeded to decide the appeal of the other Appellants in the present appeal as well as the Appellant in the other connected appeal. Finally, the appeals were decided and the conviction of Appellant No.4, Duklaha Verma, in the present appeal, was maintained and the appeals so far as the other Appellants, namely, Onkar Verma, Narayan and Devesh Kumar Verma were allowed and they were acquitted of the charge granting benefit of doubt.