(1.) A report has been called for from the concerned police station regarding life status of all the appellants vide order dated 08.01.2020. In compliance of order dated 08.01.2020, a report from Rajmahal Police Station, Sahibganj has been brought on record in which it appears that appellant no.1 namely Nagendra Saha @ Nagendra Chandra Saha, appellant no.2 namely Rajan Prasad Saha @ Rajendra Prasad Saha and appellant no.3 namely Sudhir Saha are dead and appellant no.4 namely Subol Chandra Saha @ Subol Sah and appellant no.5 namely Birju Saha are alive.
(2.) Heard. Mr. Rajeeva Sharma, learned senior counsel appearing for the appellants and Ms. Nehala Sharmin, learned A.P.P. appearing for the State.
(3.) This appeal is directed against the judgment of conviction and order of sentence dated 30.03.2006 passed by Sri Binay Kumar Sahay, Additional Sessions Judge-I, Rajmahal in Sessions Case No.242 of 1981, whereby and whereunder the appellants have been convicted for the offence under Sections 395 read with Section 397 of the Indian Penal Code and Section 27 (2) of the Arms Act and sentenced to undergo rigorous imprisonment for seven (07) years for the offence under Section 395 read with Section 397 of the I.P.C. with a fine of Rs.1000/- each, in default thereof to undergo S.I. for three months. The appellant were also sentenced to undergo rigorous imprisonment for two (02) years for the offence under Section 27 of the Arms Act. Both the sentences were directed to be run concurrently.