(1.) THE appellant No. 1 namely, Nawal Kishore Sharma has already died as per report of Senior Superintendent of Police, Muzaffarpur and therefore, the appeal in respect of petitioner No. 1 namely, Nawal Kishore Sharma is abated.
(2.) THE rest two appellants have challenged the judgment of conviction and order of sentence dated 21-06-2001 passed by learned Additional District & Sessions Judge-Ist, Sitamarhi in Sessions Trial No. 141 of 1987/04 of 2000 by which and whereunder, he convicted the rest two appellants for the offence punishable under Section-307 read with Section-34 of the IPC and sentenced them under the aforesaid section to undergo Rigorous Imprisonment for a period of 7 years and also imposed a fine of Rs 2,000/- each and in default of payment of fine, the appellants were directed to undergo rigorous imprisonment for a period of six months.
(3.) ON the basis of statement of P.W. 5, Runni Saidpur P.S. case No. 242 of 1985 u/S 307, 323/34 of the IPC and 27 of the Arms Act was registered against the appellants and Nawal Kishore Sharma.