NASHIB LAL RAI Vs. BIJOY RAI

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Addl. P.P. appearing for the State.

(2.) These appeals are directed against the judgment of conviction dtd. 30/11/1996 and order of sentence dtd. 2/12/1996, passed by the 2nd Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 447 of 1994 / 3 of 1994, whereby and whereunder the appellant, namely, Bijoy Rai {Cr. Appeal (DB) No. 14 of 1997} has been convicted under Sec. 302 of the Indian Penal Code and rest of the appellants, namely, Nasib Lal Rai @ Harwar Rai, Saryug Rai and Birendra Rai {Cr. Appeal (DB) No. 598 of 1996} have been convicted under sec. 302 read with Sec. 34 of the Indian Penal Code. All the appellants have been sentenced to undergo rigorous imprisonment for life.

(3.) Since the appellant no. 2 {Cr. Appeal (DB) No. 598 of 1996} namely, Saryug Rai died in the year 2007, and as such, the appeal stood abated against him vide order dtd. 7/11/2023.