MARKUS EKKA AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Chaturvedi, learned counsel, assisted by Mr. Amit Kumar Choubey, Advocates, on behalf of the appellants and Mr. Rajesh Kumar Mishra, learned Additional Public Prosecutor, on behalf of the State.

(2.) The instant criminal appeal has been preferred against the Judgment of conviction and Order of sentence both dated 12th of January, 2004, in Sessions Trial No. 206 of 1993 (arising out of Palkot P.S. Case No. 66 of 1992 corresponding to G.R. No. 936 of 1992) passed by the Additional Sessions Judge-F.T.C.-III, Gumla, whereby the appellants have been convicted by the learned Trial Court. The appellant No. 1 Markus Ekka has been convicted for the offence committed and punishable under Section 452 of the Indian Penal Code and awarded rigorous imprisonment for 3 years. Appellant No. 2, Anthoni Ekka has also been convicted for the offence committed and punishable under Section 452 of the Indian Penal Code and awarded rigorous imprisonment for 3 years. Appellant No. 3 Silibester Ekka has been convicted for the offence committed and punishable under Sections 452 and 323 of the Indian Penal Code and awarded rigorous imprisonment for 3 years and rigorous imprisonment for 6 months respectively. Appellant No. 4, Guju Ekka has also been convicted for the offence committed and punishable under Sections 307, 324 and 452 of the Indian Penal Code and awarded rigorous imprisonment for three years for the offence committed and punishable under Section 307 of the Indian Penal Code, rigorous imprisonment for one year for the offence committed and punishable under Section 324 of the Indian Penal Code and rigorous imprisonment for three years for the offence committed and punishable under section 452 of the Indian Penal Code. Appellant No. 5 Sushil Lakra has been convicted for the offence punishable under Sections 452 and 323 of the Indian Penal Code and awarded rigorous imprisonment for 3 years and six months respectively. All the sentences were directed to run concurrently.

(3.) During the pendency of the appeal, the appellant Silibester Ekka died, but no application under Section 394 of the Cr.P.C. has been filed by the legal heir or representative of the deceased within 30 days of the death of the deceased, the appeal preferred by Silibester Ekka has been abated vide order dated 30.8.2018. The present appeal is now pending only with respect to Markus Ekka, Anthoni Ekka, Guju Ekka and Sushil Lakra.