KAILA YADAV @ BALRAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, in aforesaid three appeals, were convicted in Sessions Trial No. 43 of 1998 (arising out of Raghopur P.S. Case No. 87 of 1996) and as such, all the aforesaid three appeals were heard together and are being disposed of by this common judgment.

(2.) Appellants were convicted on 29-05-2012 for offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959 and on the same date, they were sentenced to undergo rigorous imprisonment for life under Sections 302/34 of the Indian Penal Code with fine of Rs. 20,000/- (twenty thousand) each and in default, they were directed for further imprisonment for two years. All the appellants were further sentenced under Section 27 of the Arms Act, 1959 to undergo rigorous imprisonment for three years with fine of Rs. 2,000/- (two thousand) each and in default, they were directed to undergo further imprisonment for six months. All the appellants were convicted and sentenced by Sri S.N. Srivastava, learned 1st Adhoc Additional Sessions Judge, Supaul (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 43 of 1998.

(3.) Earlier, on 07-11-2017, since it was informed by learned counsel for the appellants that during pendency of the appeal, one of the appellant i.e. appellant no. 1 namely Badri Yadav in Cr. Appeal (DB) No. 552 of 2012 had died and an affidavit to this effect was filed, but same was not on record, thereafter, a report was called for from the Superintendent of Police, Supaul regarding status of the said appellant. After conducting enquiry, the Superintendent of Police, Supaul sent its report and by order dated 06-12-2017, considering the fact that report was indicative of the fact that appellant Badri Yadav (in Cr. Appeal DB No. 552/12) had already died during the pendency of the appeal, his appeal stood abated and it was directed to expunge his name from the record. Accordingly, it was expunged. Now, in Cr. Appeal (DB) No. 552 of 2012, only four appellants remain. So total six appellants are before this Court in aforesaid three appeals.