Kailash Prasad Deo, J. - (1.) Appellant No.1, Duja @ Dhuja Hansda, Son of Late Thakur Hasda died in the year 2017 during pendency of the Criminal Appeal, as such, Criminal Appeal preferred by Duja @ Dhuja Hansda is abated vide order dated 10.10.2018 passed by this Hon'ble Court. The present Criminal Appeal is pending with respect to appellant No.2, namely, Martin Hansdak @ Martin Hansda only.
(2.) Heard, Mr. Manoj Kumar Sah, learned counsel for the appellant and Mrs. Vandana Bharti, learned Additional Public Prosecutor appearing for the State.
(3.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 10th March, 2005, passed by learned 4th Additional Sessions Judge (F.T.C. No.1), Godda, in Sessions Case No.110 of 2002, whereby six accused persons, namely, Martin Hansda, Dhuja Hansda, Devilal Hansda, Suresh @ Surendra Hansda, Arjun Hansda and Bishwanath Hansda have been found guilty for the offence committed and punishable under Sections 323 and 147 I.P.C. and appellant no.2, Martin Hansda along with appellant no.1, Dhuja Hansda has further been convicted for the offence committed and punishable under Section 436 I.P.C. The learned trial court has released the appellants along with other accused persons after due admonition under Section 3 of Probation of Offenders Act for the offence committed and punishable under Sections 323 and 147 I.P.C., but has awarded rigorous imprisonment for five years for the offence committed and punishable under Section 436 I.P.C. to appellants, Martin Hansda and Dhuja Hansda, but said Dhuja Hansda has died during pendency of this appeal, and his Criminal appeal has already been abated by this Hon'ble Court. By the same impugned judgment, the learned trial court has acquitted all the accused persons including both the appellants of the charge under Section 452 I.P.C.;