JOBRAJ MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pramod Kumar, the learned counsel for the appellants as well as Mrs. Vandana Bharti, the learned APP for the State.

(2.) Report of Superintendent of Police, Koderma, vide memo no. 51 dtd. 1/2/2020 has been received stating that the Appellant no.1 Jobraj Mahto has died and letter to this effect of mukhiya of village- Badaki Dhamrai, Block-Chandwara, District-Koderma has been annexed. Hence, appeal of Appellant no.1 Jobraj Mahto, stands abated.

(3.) Both the criminal appeals are preferred against the judgment of conviction and the order of sentence, both dtd. 16/4/2010, passed by the learned 1st Additional Sessions Judge, Koderma in Sessions Trial No. 446 of 1998, whereby and whereunder, all the appellants were convicted under Ss. 147, 341 and 323 of the Indian Penal Code and the appellant Basudeo Mahto was further convicted under Sec. 324, 326 and 307 of the Indian Penal Code. All the appellants were sentenced to undergo SI for one month each under Sec. 341 of the Indian Penal Code; RI for one year each for the offence under Sec. 323 of the Indian Penal Code and RI for one year each for the offence under Sec. 147 of the Indian Penal Code. Appellant Basudeo Mahto was further sentenced to undergo RI for two years under Sec. 324 of the Indian Penal Code; RI for three years for the offence under Sec. 326 of the Indian Penal Code and RI for five years for the offence under Sec. 307 of the Indian Penal Code. All the sentences were directed to run concurrently and the period undergone in custody during investigation and trial was directed to be set-off.