- (1.) The appellants A1, A3, A2 and A4, in that order, were arrayed before the Vth Addl. Sessions Judge, Dumka. In this judgment, they will be referred as Al to A4 in the same order as they were arrayed before the trial Court. Juchhu Rajak, who, according to the prosecution, also participated along with the above accused Al to A4 and died pending trial, will be referred as deceased accused for the sake of convenience.
(2.) The facts of the case are as follows :- The allegation against the accused A1 to A4 and deceased accused Juchhu Rajak is that at about 7.00 p.m. on 14-10-1984, they committed rioting and that A4 Suraj Rajak was armed with Bhaja and that in furtherance of the common object of the unlawful assembly, Nagendra Ojha was stabbed by A4 Suraj Rajak, leading to his death. The trial Judge, while finding A1 to A3 guilty under Section 1471 P.C., sentenced each of them to six months rigorous imprisonment and found A4 Suraj Rajak guilty under Section 148 I.P.C., for which he was sentenced to one year rigorous imprisonment. The trial Judge also found A4 Suraj Rajak guilty under Section 302 I.P.C., for which he was sentenced to imprisonment for life, while the other three accused were convicted under Section 302 read with S. 149 I.P.C. and were sentenced to imprisonment for life. The present appeal is against the aforesaid conviction and sentence.
(3.) Though an affidavit has been filed on behalf of A4 Suraj Rajak stating that he is dead, no material has been produced before this Court to show that A4 is no more and therefore, we find it difficult to act upon a mere affidavit filed on behalf of A4 and to say that the appeal filed by A4 abates. We are, in the above circumstances, desirous of hearing the appeal filed by all the accused/appellants on merits.;