- (1.) Heard, Mr. Vishal Kumar Singh, learned counsel appearing for the appellants and Mr. Arun Kumar Pandey, learned Additional Public Prosecutor appearing for the State.
(2.) The instant Criminal appeal has been preferred by the aforesaid three appellants being aggrieved and dissatisfied with the Judgment of conviction dated 27th July, 2007, and order of sentence, dated 04.08.2007, passed by Pradeep Kumar, learned Additional Sessions Judge, Fast Track Court- Vth, West Singhbhum at Chaibasa,, in Sessions Trial No.120 of 2006/ S.T.R. No.38 of 2006, arising out Manjhari (Tatnagar O.P.) P.S. Case No.11 of 2006 (dated 02.04.2006) corresponding to G.R. No.191 of 2006, whereby learned trial court has convicted the appellants under Section 302 read with Section 34 I.P.C. and awarded sentence to undergo imprisonment for life.
(3.) Vide order dated 05.05.2008 passed by the Hon'ble Division Bench, delay in filing the instant Criminal Appeal was condoned and further vide order dated 06.05.2008, it was admitted for hearing and L.C.R. was called for and Mr. Binod Singh, Advocate was appointed as amicus curiae to assist the Court on behalf of the appellants. Further, it appears that vide order No.4, dated 16.12.2010, the prayer for bail was allowed to appellant No.3 (Radhi Bage) after furnishing bail bond of Rs.10,000/-. Further, record also reveals that Interlocutory application bearing I.A. No.2195 of 2017 was preferred by the appellants, Barega Bage and Balima Bage through their counsels, Sri Vishal Kumar Singh and Sri Ashok Kumar Singh and vide order No.5 dated 28.03.2017, prayer for bail of appellant No.2 (Balima Bage) was allowed after suspending the sentence, as the appellant No.2 has been languishing in jail custody since 03.04.2006 i.e. more than 11 years. Thereafter this criminal appeal was listed before this Court on 24.10.2018 and thereafter on 31.10.2018, and on 31.10.2018, learned counsel for the appellant prayed some time to ascertain the fact that the appellant No.1 is alive or not. Further, report dated 30.10.2018 sent by the Superintendent of Police, West Singhbhum, Chaibasa has been received whereby it appears that all the appellants are alive and they are residing at Jamshedpur. Thereafter the matter was heard on 02.11.2018.;