Virender Singh, C.J. - (1.) In all, five accused, namely, appellant nos.-1. Boyla Soren, s/o Birsingh Soren, 2. Ravan Soren, S/o Thakur Soren, 3. Dhona Murmu, S/o Ram Murmu, 4. Thakur Soren, S/o Birsingh Soren and 5. Sahib Soren, S/o Boyla Soren faced the trial for the offence punishable under Sections 147, 148, 149, 326, 307 and 302 I.P.C. and were convicted for the charges under Sections 302/149/147 and 148 I.P.C, vide impugned judgment dated 28.05.1992 of learned Additional Sessions Judge, Pakur. Aggrieved thereof, they preferred the instant appeal in the High Court of Patna, which was subsequently transferred to this Court on its bifurcation. All the appellants were granted bail vide order dated 15.06.1992.
(2.) When the instant appeal was taken up today for its final consideration, undoubtedly after 24 years, the learned State counsel, at the very outset stated that out of five accused, who have suffered conviction, only appellant no.3-Dhona Murmu, S/o Ram Murmu, is still alive whereas, the remaining four appellants namely, Boyla Soren, s/o Birsingh Soren, Ravan Soren, S/o Thakur Soren, Thakur Soren, S/o Birsingh Soren and Sahib Soren, S/o Boyla Soren have already died during the pendency of the instant appeal. The Death Certificates are also placed on record. The appeal on hand thus, stands abated qua appellant nos.1,2,4 and 5, namely Boyla Soren, s/o Birsingh Soren, Ravan Soren, S/o Thakur Soren, Thakur Soren, S/o Birsingh Soren and Sahib Soren, S/o Boyla Soren, respectively and survives qua appellant no.3- namely, Dhona Murmu, S/o Ram Murmu.
(3.) Mr. K.K. Ojha, the learned counsel appears for the appellant namely - Dhona Murmu and Mr. Sanjay Kumar Srivastava, APP, appears for the State.;