Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellants and learned Additional Public Prosecutor, for the State.
(2.) The instant Criminal appeal has been preferred by the aforesaid four appellants against the Judgment of conviction dated 08.12.2003 and order of sentence dated 09.12.2003, passed in S.T. No.214 of 1996 passed by the learned Additional District and Sessions Judge, Fast Track Court-I, Gumla, whereby all the appellants have been convicted under Sections 447, 324/34 of the Indian Penal Code and the appellant, Subhan Mian has been convicted under Section 27(1) of the Arms Act. For the offence under Section 447 of the Indian Penal Code. All the convicts have been awarded rigorous imprisonment for 3 months and under Section 324/34 of the Indian Penal Code, all the convicts have been awarded rigorous imprisonment for 2 years and a fine of Rs.500/- each and in default of payment of fine, each convict will undergo simple imprisonment for one month. The convict, Subhan Mian has been awarded 3 years rigorous imprisonment for the offence under Section 27(1) of the Arms Act and all the sentences are directed to run concurrently.
(3.) Since Criminal appeal preferred by Subhan Mian has been abated after his death and as such, the instant Criminal appeal is pressed on behalf of three appellants, Allauddin Ansari, Sahim Ansari and Kayum Ansari, who have been convicted under Sections 324/34 and 447 of the Indian Penal Code.;