- (1.) In all two accused faced trial, namely, Dukhna Munda and Sheo Dayal Munda , for the charge of Section 302/34 and 324/34 IPC. They were convicted for the charge of Section 302/34 IPC and acquitted for the charge of Section 324/34 IPC vide judgment of learned 1st Additional Judicial Commissioner, Ranchi dated 12th May, 2000, aggrieved thereof, they have filed instant appeal.
(2.) Record reveals that prayer for suspension of substantive sentence qua Dukhna Munda was rejected by the Court vide order dated 4th February, 2008, on which date the Court was informed that accused-Sheo Dayal Munda had died on 23.8.2005. Accordingly, the instant appeal stood abated and survived qua Dukhna Munda, who too, has now been released from jail after serving his entire substantive sentence, including remissions, as one finds from the report made available to us by the learned State counsel.
(3.) Be that as it may, the instant appeal qua accused Dukhna Munda still requires to be considered on merits.;