- (1.) Nobody appears on behalf of the appellants to press this appeal. It appears that nobody appeared on 23.09.2010 when the case was called out. Accordingly, Mr. Dilip Kumar Chakraborty, learned panel lawyer, is appointed as Amicus Curiae to assist this court. Mr. S.N. Rajgarhia, learned State counsel appears for the State. Both are directed to assist this court in this appeal in the second half. (R.K. Merathia, J) Later on: Heard the parties on the merits at length.
(2.) This appeal is directed against the judgment of conviction and order of sentence dated 08.11.2002 passed by the learned Additional Sessions Judge, Fast Track Court, Saraikella-Kharsawan in Sessions Trial No. 293 of 1996 convicting the appellant-Kalo Sona Dev under sections 148 and 452 IPC and under section 27 of the Arms Act and sentencing him to undergo R.I. for one year under section 148 IPC, R.I. for three years under section 452 IPC and R.I. for three years under section 27 of the Arms Act, whereas appellants-Prabhakar Nath Shahdeo and Kishan Dev were convicted under section sections 147 and 452 IPC and sentenced to undergo R.I. for one year under section 147 and R.I. for three years under section 452 IPC.
(3.) After hearing the parties and going through the records carefully, when I indicated that no grounds are made out forinterference with the judgment of conviction passed by the trial court against the appellants, learned counsel appearing for the appellants submitted that this case relates to the year 1995; and that the benefit of section 360 Cr.Pc may be given to the appellants.;