(1.) It has been submitted that the appellant no. 1 is dead for which a death certificate is being presented before this court. Let the same be kept on record. In view of the submission, the appeal of appellant no. 1 stands abated.
(2.) The appellant no. 2 has been convicted under Section 323 I.P.C. and sentenced to rigorous imprisonment for 1 year by the learned Ist Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 421 of 1988 by the judgment dated 14.7.1995.
(3.) The case of the prosecution is that on 11.7.1978 while the informant was keeping the Bamboo sticks on his land the accused persons came there and variously assaulted him when others came to intervene they were also assaulted.