DEBU MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Additional Public Prosecutor for the State and perused the record.

(2.) ORIGINALLY , this Cr. Appeal was filed on behalf of the two appellants, challenging their conviction and order of sentence for the offence punishable under Section-364 of the Indian Penal Code in Sessions Trial No. 396 of 1994 passed by the learned IVth Additional Sessions Judge, Bhagalpur but during pendency of their appeal, the appellant No. 2 namely, Datto Mandal died and accordingly, the proceeding of this appeal, in respect of the aforesaid appellant No. 2, Datto Mandal was abated vide order dated 14-03-2013.

(3.) THE learned trial court, having recorded the evidence of prosecution witnesses and having completed the formalities of the trial, convicted and sentenced the appellant as well as co-accused, Datto Mandal (since deceased) for the offence under Section-364 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years for the above-stated offence.