VINOD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Cr. Appeal No. 475 of 2002, a Supplementary Affidavit has been filed sworn by grandson of appellant no. to the effect that the appellant no. 3, who is also named as Rajnandan Sharma in Cr. Appeal (SJ) No. 475 of 2002 has died during pendency of the appeal and further stating that the Chandradeo Sharma and Rajnandan Sharma are names of same person i.e. appellant no. 3. In that connection, death certificate dtd. 9/12/2016, which is Annexure -X to the supplementary Affidavit.

(2.) In such view of the matter, the appeal with regard to appellant no. 3 in Cr. Appeal (SJ) No. 475 of 2002 stands abated.

(3.) Appellants of Cr. Appeal (SJ) No. 407 of 2002, Cr. Appeal (SJ) No. 446 of 2002 and Cr. Appeal No. 475 of 2002 are concerned, they have challenged the judgment of conviction and order of sentence dtd. 23/7/2002, passed by Sri Syed Jafar Hussan, the then, Additional Sessions Judge (Fast Track Court No. 3), Jehanabad in Sessions Trial No. 169/94, 07/02, whereby the appellants Vinod Sharma and Anil Sharma were convicted under Sec. 307 of the Indian Penal Code and under Sec. 27 of the Arms Act and were sentenced to undergo R.I. for ten years each under Sec. 307 of the Indian Penal Code and R.I. for five years under Sec. 27 of the Arms Act. They were also convicted under Sec. 148 of the Indian Penal Code and were sentenced to undergo R.I. for two years. Appellants Girijesh Sharma, Lalan Kumar @ Lalan Sharma and Chandradeo Sharma (since died) were convicted under Sec. 307/149 and 148 of the Indian Penal Code and were sentenced to undergo R.I. for seven years under Sec. 307 /149 and R.I. for two yars under Sec. 148 of the Indian Penal Code. All the sentenced were directed to run concurrently.