- (1.) SINCE both the appeals, arise out of common judgment, were heard together and are being disposed of by this common judgment.
(2.) BOTH these appeals are directed against the judgment of conviction and order of sentence dated 15.6.2002 and 18.6.2002 passed by Additional Sessions Judge, FTC II Palamu, Daltonganj in Sessions trial No. 12/95, whereby and whereunder the learned Additional Sessions Judge held the appellants guilty under Sections 302/201 and 449, IPC and sentenced them to undergo RI for life under Section 302/34, IPC, RI for three years under Section 201, IPC and three years RI under Section 449, IPC. The brief facts leading to the appeals are that during intervening night between 10 and 11th September, 1990 the informant Rama Mahto was sleeping inside his house when someone called him from outside to open the door. It is further stated that when he enquired who was calling, the appellant Puran Manjhi named himself and requested him to open the door, as he intended to save the life of his brother Sitaram Mahto, who was being searched by the dacotts. Accordingly the informant opened the door and saw outside his house the appellant along with 3 -4 persons standing. The informant saw two of them carrying guns. After this he informed the appellant that Sitaram's house was situated nearby. The appellant and his companions went towards the house of Sitaram while two of the assailants were standing with the informant. Shortly he found that his brother Sitaram was being dragged by those assailants, his hands were tied behind and assaulted with the butt of the gun. They brought his brother near a well and assaulted him variously saying that he used to commit theft and dacoity bringing bad name to them. According to the informant, they fatally assaulted Sitaram and threw him inside the well. After some time ensuring that Sitaram died, the assailants left the place. The incident was seen by PWs 6 and 7, wife of the informant and deceased respectively.
(3.) THE informant reported this matter at Tarhasi TOP of Manatu P.S. at 6.15 a.m. His statement was recorded by ASI, on the basis of which Manatu P.S. Case No. 45/90 was registered under Section 302/201, IPC against three named persons and some unknown persons. The police recovered the dead body from the well, prepared inquest report and investigated the case to finally submit charge -sheet against four persons, Maldeo Mahto, Jharnan Mahto, appellant Puran Manjhi and appellant Sarju Mahto. During pendency of trial Jhaman Mahto died while Maldeo Mahto was acquitted. However, appellants Puran Manjhi and Sarju Mahto were found and held guilty under Sections 302, 201 and 449, IPC. Both the convicts preferred appeals separately. Cr. Appeal No. 376/2002 preferred by Sarju Mahto is taken up for disposal along with Cr. Appeal No. 1220/2006 filed by Puran Manjhi. The present appeal was admitted after condoning the delay. However, when the appeals were taken up for final disposal, on the request of the learned Counsel appearing on behalf of both the appellants, it was informed that said Sarju Mahto has already died during pendency of the appeal. In this regard it is submitted' that Sarju Mahto was aged about 90 years who was granted bail because of his old age during pendency of the appeal on 7.8.2002. As such, the appeal preferred by appellant Sarju Mahto, Cr. Appeal No. 376/2002 stands abated.;