PARSURAM PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sunil Kumar, learned counsel for the appellants assisted by Mr. Pankaj Kumar and Mr. A. M. P. Mehta, learned APP for the State.

(2.) Learned counsel for the appellants submits that Bharat Prasad, Naresh Prasad @ Ram Naresh Prasad, Chhotak Prasad and Pramod Prasad have died during the pendency of the appeal. So, the appeal against them stands abated under the provision of Sec. 394 of the Code of Criminal Procedure vide order dtd. 24/6/2024 and 14/11/2024 , respectively.

(3.) The present appeal has been filed under Sec. 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C') challenging the Judgment of conviction dtd. 31/1/2006 and order of sentence dtd. 4/2/2006 passed by the learned Additional District and Sessions Judge, F.T.C.-1st, Ara, Bhojpur in Sessions Trial No. 209 of 1999 by which the appellants have been convicted for the offence punishable under Ss. 304 and 307 of the Indian Penal Code (hereinafter referred as 'IPC'). The appellant namely Parsuram Prasad has been sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Sec. 304 of the IPC and further rigorous imprisonment for seven years for the offence punishable under Sec. 307 of the IPC. Rest of the appellants namely Sunil Prasad and Anil Prasad have been sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Sec. 304 of the IPC and further rigorous imprisonment for five years for the offence punishable under Sec. 307 of the IPC. All the sentences have been ordered to run concurrently.