PARAS MUSAHAR Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) BOTH the appeals arise out of the same judgment of conviction and sentence.

(2.) Accordingly, they were heard together and are being disposed of by this common judgment. So far Cri. Appeal No. 273 of 1992 is concerned, it is against the judgment of conviction dated 8.9.1992 and order of sentence dated 14.9.1992 of the 7th Additional Sessions Judge, Rohtas at Sasaram passed in Sessions Trial No. 347 of 1981 whereby each of the two appellants was convicted under Section 396 of the Indian Penal Code and sentenced to R.I. for ten years. SO far Govt. Appeal No. 10 of 1993 is concerned, it appears that it was filed challenging the aforesaid judgment of the Trial Court whereby respondents Sheo Bhachan Chamar, Ram Surat Mushar and Satendra Singh were acquitted of the charge under Section 396 of the Indian Penal Code and respondents Dasai Dusadh, Puranmashi Bind and Lal Mohan Bind were acquitted of the charge under Section 412 of the Indian Penal Code.

(3.) It appears from record of the Govt. appeal that appeal of Rameshwar Mushar, Satyendra Singh, Puranmasi Bind and Lal Mohan Bind stood dismissed in default on 8.8.2007 and the appeal against respondent Dasai Dusadh abated. due to his death vide order dated 21.11.2007 and thus the Govt. Appeal No. 10 of 1993 survives only against the respondent Sheo Bachan Chamar.