SURJA PAHARIA, Vs. STATE OF BIHAR

JUDGEMENT

(1.) Counter-affidavit has been filed, brining on record the original certificate of the Mukhiya of the concerned Gram Panchayat, certifying that the Appellant No. 1 Surja Paharia, son of Dharma Paharia, Appellant No. 2 Jalia Paharia, and Appellant No. 4, Baidya Paharia, have died during the pendency of this appeal. As such, this appeal abates so far as the aforesaid appellants are concerned and it survives only with respect to Appellant No. 3, Surja Paharia, son of late Jogia Paharia.

(2.) Heard learned amicus curiae and learned counsel for the appellant and learned counsel for the State.

(3.) The surviving appellant is aggrieved by the Judgment of conviction dated 31.07.1992 and Order of sentence dated 01.08.1992, passed by the learned Additional Sessions Judge, Pakur, in S.C. No. 510 of 1990, whereby the surviving appellant and the other co-accused, who have died during the pendency of this appeal, were found guilty and convicted for the offence under Sections 302/34 of the Indian Penal Code. Upon hearing on the point of sentence, they were sentenced to undergo R.I. for life for the said offence.