(1.) OUT of total seven appellants, since appellant no. 1, namely, Triloki Singh and appellant no. 2, namely, Pashupati Singh are dead, the appeal against them has already been abated and appellant no. 6, namely, Pramod Singh since aged about 17 years at the time of recording of his statement under Section 313 of the Code of Criminal Procedure, a report was called for vide order dated 09th April, 2012 from the Juvenile Justice Board and the report indicates he has been declared juvenile.
(2.) THIS appeal has been preferred by the appellants. Against conviction of appellant no. 7, Baiju Singh for the offence under Sections 304 and 379 of the Indian Penal Code and sentence to undergo rigorous imprisonment respectively for ten years and six months and against conviction of appellant nos. 1 6 (out of whom appellant nos. 1 and 2 are now dead and appellant no. 6 declared juvenile) under Sections 304 read with Section 149 and Section 323 of the Indian Penal Code and sentence to undergo rigorous imprisonment respectively for ten years and three months by learned Sessions Judge, Vaishali at Hajipur on
(3.) DURING trial, the prosecution side examined altogether twelve witnesses besides producing exhibits, such as :-