MANIK BOURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants have have preferred the instant appeal being aggrieved by the judgment of conviction dated 24.03.2004 and the order of sentence dated 25.03.2004 passed by Additional Sessions Judge-XIII, Dhanbad in Sessions Trial No.202 of 1996, whereby and where under appellants have been held guilty under sections 399 , 402 and 414 of the Indian Penal Code and the have been acquitted of the charges U/s 25(i)(b)/26 and 35 of the Arms Act and they have been sentenced to undergo R.I. for Five Years under section 399 IPC, R.I for Three Years under section 402 IPC and R.I for One year U/s 414 IPC . All the sentences will run concurrently.

(2.) It appears that the instant appeal was filed on 27.04.2004 and by order dated 07.05.2004, it was admitted to hearing and both the appellants were directed to be released on bail during pendency of this appeal.

(3.) The matter was listed on 04.12.2018 and the Sr. Superintendent of Police, Dhanbad was directed to look into the matter regarding whereabouts of the appellants. Further, the matter was listed on 15.01.2019 and an affidavit was filed on behalf of Sr. Superintendent of Police, Dhanbad, which reveals that appellant no.1- Manik Bouri is alive and working in Mumbai and his family resides at Dhanbad, Anara, P.S.Para, District- Purulia ( West Bengal), whereas his parents are living at Bengali Kothi, Near Shiv Mandir, P.S. Jharia, District Dhanbad. So far as the appellant no.2- Samir Bouri is concerned, he is presently living with his family at Dhanbad, Anara, P.S. Para, District-Purulia(West Bengal) and working in Tata Company. So the case was heard on merit.