Kailash Prasad Deo, J. - (1.) Since the original appellant No.5 (Karamchand Oraon @ Guddu) of the present Criminal Appeal, has died during pendency of the appeal and no application for grant of leave has been filed by the legal heirs or the relatives within 30 days of death of Karamchand Oraon @ Guddu under Section 394 Cr.P.C., as such, Criminal Appeal preferred by the original appellant No.5 stands abated.
(2.) Heard, learned counsel for the appellants, Mr. A. K. Chaturvedi assisted by Mr. Amit Kumar Choubey, Advocates appearing for the appellants No.2 & 3, and Md. Abdul Wahab, learned counsel for the appellants no.1, 4 & 6 and Mr. Sanjay Kumar Pandey No. 2, learned Additional Public Prosecutor, appearing for the State.
(3.) The instant Criminal appeal is directed against the judgment of conviction dated 18.12.2003 and order of sentence dated 19.12.2003, passed by the learned Additional Sessions Judge, Fast Track Court-III, Gumla, in S. T. No.129 of 2003 (arising out of Raidih P. S. Case No. 34 of 2002, corresponding to G. R. No. 678 of 2002), whereby the appellants, Albert Kujur, Mukti Prakash Minz, Sanjay Bhagat, Karamjit Oraon and Karamchand Oraon @ Guddu (now dead) have been convicted by the learned trial court for the offence committed and punishable under Section 395 of the Indian Penal Code and awarded rigorous imprisonment for five years and fine of Rs.1000/- each and in default of payment of fine, to undergo further rigorous imprisonment for six months each. Appellant, Anand Gope has been convicted by the learned trial court for the offence committed and punishable under Sections 395 and 412 of the Indian Penal Code and awarded rigorous imprisonment for five years separately under each heading and fine of Rs.1000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months. Both the sentences of convict, Anand Gope are directed to run concurrently.;