K. P. Deo, J. - (1.) Heard learned counsel for the appellants and learned Addl. Public Prosecutor for the State.
(2.) The instant Criminal appeal was preferred by the two appellants, namely, Sudev Ghose and Bhuwan Mandal, but the appellant No.2, Bhuwan Mandal has died during pendency of the appeal and to that effect affidavit has been brought on record and as such, the instant Criminal appeal stands abated against the appellant No.2, Bhuwan Mandal as no application for grant of leave has been preferred by legal heirs under Section 394, Cr.P.C. to continue with the appeal preferred by the deceased. The present Criminal appeal is only confined for the appellant No.1, Sudev Ghose.
(3.) The instant Criminal appeal has been preferred against the judgment of conviction and order of sentence, both dated 19.12.2003, in S.C. No.66 of 1989 /S.C. No.199 of 1993 as well as S.T. No.49 of 2001, passed by the learned Addl. Sessions Judge-I, Rajmahal, whereby the appellant has been convicted for the offence under Section 436 of the Indian Penal Code and awarded rigorous imprisonment for four years each and also fine of Rs.500/- each.;