NAND KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rishi Pallava, the learned counsel for the appellants as well as Mrs. Nehala Sharmin, the learned APP appearing on behalf of the State.

(2.) Counter Affidavit has been filed by the State, documented by memo no. 77/2020 dtd. 30/1/2020 of the officer-in-charge of Saraiyahat P.S. and endorsement of mukhiya of Mandaldih gram panchayat stating therein that Appellant No.2 Devnarayan Singh, Appellant No.5 Jagadish Singh, Appellant No.6 Bisheshar Singh and Appellant No.7 Puran Singh have died. Hence, appeal of these appellants stands abated.

(3.) The present criminal appeal has been preferred by the appellants against the judgment of conviction dtd. 16/2/2010 and the order of sentence dtd. 17/2/2010, passed by the learned 5th Additional Sessions Judge, (F.T.C.), Dumka in Sessions Case No. 78 of 2009, whereby and whereunder, the appellants were convicted under Ss. 307/427/149 of the Indian Penal Code and sentenced to undergo RI for five years each under Ss. 307/149 IPC. They were further sentenced to undergo RI for one year each under Sec. 427/149 IPC and the sentences were directed to run concurrently.