- (1.) It has been informed that Mr. Lakhan Sharma, one of the counsel for the appellant in Cr. Appeal (S.J.) No.972 of 2006 has died. Since the matter arising out of a common judgment, Mr. Sidhartha Roy, learned counsel, is appointed as Amicus Curiae in Cr. Appeal (S.J. No.972 of 2006 to assist this Court.
(2.) Heard the parties.
(3.) These criminals appeals arising out of the same impugned judgment and were heard together and hence are being disposed of by a common judgment. Shiban Machhua-appellant/accused has been charged under Sections 366 , 376 , 493 , 496 and 498 of the Indian Penal Code whereas other accused-appellants have been charged under Sections 493 / 120(b) , 496 / 120(b) and 498 / 120(b) of the Indian Penal Code and they have been convicted vide judgment dated 30.05.2006 under Sections 366 and 498 of the Indian Penal and the appellant Shiban Machhua has also been convicted under Section 496 of the Indian Penal Code. All the accused/appellants have been sentenced to undergo rigorous imprisonment for five years for the offence under Section 366 of the Indian Penal Code with a fine of Rs.1000/- and they have been further sentenced to undergo rigorous imprisonment for one year for the offence under Section 498 of the Indian Penal Code. Accused/Appellant namely Shiban Machhua has further been sentenced to undergo rigorous imprisonment for five years for the offence under Section 496 of the Indian Penal Code with a fine of Rs.1000/-. In default, all the accused/appellants were further sentenced to undergo simple imprisonment for three months vide order of sentence dated 31.05.22006 passed by Sri Mohammed Kasim, Addl. Sessions Judge, Fast Track Court-II, Seraikella-Kharsawan in Sessions Trial Case No. 315 of 1998. All the sentences were directed to run concurrently.;