(1.) By this common judgment, Cr.A. No. 873 of 2011 filed by Chhaviram, Sodam @ Kunjbihari and Chunge @ Ramgopal and Cr.A. No. 977 of 2011 filed by Thakurdas and Janki @ Ramdas shall be decided.
(2.) It is not out of place to mention here that total 10 persons were made accused. Out of which six persons were tried in the present Sessions Trial, whereas two were juveniles and they were tried by JJB. Smt. Bhaggo Bai and Tillu were absconding. Smt. Bhaggo Bai was arrested subsequently. She has been tried separately and She too has been convicted. She has also filed Cr.A. No. 1116 of 2014. Since, the evidence in the Trial of co-accused Smt. Bhaggo bai was recorded separately, therefore, in the light of judgment passed by Supreme Court in the case of A.T. Mydeen Vs. The Asstt. Commissioner, Customs Department, reported on 31/10/2021 passed in Cr.A. No. 1306 of 2021, the evidence led in the case of present appellants cannot be read for co- accused Smt. Bhaggo bai and vice versa. However, the Appeal filed by Smt. Bhaggo Bai has also been heard simultaneously and shall be decided by a separate judgment.
(3.) It is not out of place to mention here that the Appellant Hemant who had filed Cr.A. No. 977 of 2011 has expired during the pendency of this Appeal and his appeal was dismissed as abated.
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