JITAN GORAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Initially, this criminal appeal was preferred by five appellants challenging the judgment of conviction under section 302 r/w section 34 IPC and under section 201 r/w section 34 IPC and the order of sentence, both dated 06.12.1993 passed by the 3rd Additional Sessions Judge, Dhanbad in Sessions Trial Case No. 5 of 1989, however, during pendency of this criminal appeal, appellant no. 1 namely, Bharat Chandra Gorain and the appellant no. 2 namely, Bhanumati Gorain passed away and, accordingly, the criminal appeal on their behalf has abated.

(2.) The appellant-Bharat Chandra Gorain was the father-in-law and the appellant-Bhanumati Gorain was the mother-in-law of the deceased namely, Mamta Gorain.

(3.) Now, this criminal appeal survives qua the appellant no. 3 namely, Jitan Gorain, appellant no. 4 namely, Chotu Gorain and appellant no. 5 namely, Noren @ Naresh Gorai.