- (1.) HEARD learned counsel for the appellants and learned counsel for the State.
(2.) IT appears from the record of Hon'ble Court that on 15.7.2008 the case was placed for hearing but since nobody appeared on behalf of the appellants, their bail bonds were cancelled and the 1st Additional Sessions Judge, Deoghar was directed to issue warrant of arrest against the two appellants but they have not appeared. The service report given by the 1st Additional Sessions Judge, Deoghar shows that warrants of arrest have been issued in the year 2008 itself. Thereafter again warrants were issued through Superintendent of Police, Deoghar but they failed to apprehend the appellants and as such it appears that after filing the appeal and after getting the ad -interim bail they have absconded and they are traceless. In absence of the counsel for the appellants and on the request of the Court, Mr. Peeyush Krishna Choudhary, Advocate agreed for argument on behalf of the appellants.
(3.) THIS appeal is directed against the judgment of conviction dated 1.8.2000 and order of sentence dated 4.8.2000 passed by Shri Harish Chandra Mishra, 1st Additional Sessions Judge, Deoghar in Sessions Case No. 71 of 1997 by which judgment learned Addl. Sessions Judge found them guilty under Sections 376, 341, 147, 149 & 323 341 of the Indian Penal Code and sentenced both the appellants to undergo R.I. for ten years and to pay a fine of Rs. 10,000/ - under Section 376 of the Indian Penal Code and in default of fine to go further R.I. for one year each. Both the appellants were further sentenced to undergo S.I. for one month under Section 341 of the I.P.C., R.I. for one year under Section 147 I.P.C. and R.I. for six months uncer Section 323/149 of the I.P.C. However, all the sentences are directed to run concurrently.;