Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellant Mr. Shankar Lal Agarwal well as learned counsel for the State, Mr. Sanjay Kumar Pandey, Additional Public Prosecutor assisted by learned counsel for the informant Mr. D.K. Karmakar.
(2.) The instant Criminal Appeal No. 156 of 2004 has been preferred by the appellants again the judgment of conviction and order of sentence both dated 18.12003 passed by learned Additional Sessions Judge, (Fast Track Court No. V), Jamshedpur in Sessions Trial No. 201 of 2001 and Criminal Revision No. 102/2004 has been preferred by the informant against acquittal of appellants under Section 307 of Indian Penal Code and are being disposed of by this Hon'ble Court by way of this common judgment. By the said impugned judgment, the learned Additional Sessions Judge. Fast Track Court No. V, Jamshedpur has convicted these two appellants under Section 323/342 and 341 of the Indian Penal Code. However, Nirmal Chandra Mandal (appellant no. 1) has also been convicted for offence under Section 324/34 of the Indian Penal Code, Swadesh Kumar Mandal (appellant no. 2) has been convicted for the offence punishable under Section 324 of the Indian Penal Code. But instead of sentencing them, the learned Trial Court has ordered to execute a bond of Rs. 5000/- with one surety for a period of one year and to appear and receive sentence when called upon during the said period and in the meantime, to keep peace and good behaviour.
(3.) Against the said impugned judgment of conviction and order of sentence the appellant Nirmal Chandra Mandal and Swadesh Kumar Mandal @ Swadesh Mandal have preferred this Criminal Appeal no. 156 of 2004 before this Hon'ble Court on 201.2004 which has been admitted on 22.04.2004 and since then, this criminal appeal is pending. Informant Santosh Kumar Mandal has also preferred Criminal Revision No. 102 of 2004, against the acquittal of both the appellants and under Section 307 of the Indian Penal Code. This Criminal Revision application was filed on 10.02.2004, which has been admitted on 20.12.2005 to be heard along with Criminal Appeal No. 156 of 2004.;