RANCHI, India, Sept. 24 -- Jharkhand High Court issued the following order on Aug. 25:

1. Affidavit filed by the State reveals that appellant No. 1 namely, Beni Singh and appellant no. 4 namely, Ram Nath Ram @ Ram Nath Rautiya have died during pendency of this appeal.

2. Therefore, the appeal, so far as appellant no. 1 namely, Beni Singh and appellant no. 4 namely, Ram Nath Ram @ Ram Nath Rautiya is concerned, stands abated.

3. Now, the appeal is heard with respect to appellant nos. 2, 3, 5 & 6 namely, Tejan Singh, Ganpati Bhagat @ Lerhe Bhagat, Budhan Ram @ Budhan Ram Rautiya and Dhanpat Bhagat @ Houla Bhagat.

4. The instant criminal appeal is preferred by the abovenamed appellants for setting aside the judgment of conviction and order of sentence dated 19.06.2002 / 20.06.2002 passed by learned Additional District & Sessions Judge, Fast Track Court, Gumla in Sessions Trial No. 255 of 1988, whereby and whereunder, the appellants have been held guilty for the offence punishable under Section 302 of the I.P.C. and sentenced to undergo rigorous imprisonment for life. Appellants have further been held guilty for the offence under Section 148 of the I.P.C. and sentenced to undergo R.I. for three years and appellant no. 2, Tejan Singh has also been held guilty for the offence under Section 324 of the I.P.C. and sentenced to undergo R.I. for three years. All the sentences were directed to run concurrently.

5. The factual matrix giving rise to this appeal is that the informant Jivnath Singh (P.W.-6) lodged the F.I.R. (Exhibit-7) at Chainpur Police Station stating inter alia that on 06.05.1988 (Friday), his son Baijnath Singh, aged about 25 years, went to Kashir Bazar and at around 6:00 P.M., informant's son was returning to home and reached near the house of Budhan Ram Rautiya (appellant no.5). Meanwhile, hearing hulla, the informant along with his wife and other family members came out of the house and reached near the place of occurrence and saw that Beni Singh (appellant no. 1) (since deceased) with the help of axe and Tejan Singh (appellant no. 2) armed with tabela, Budhan Ram Rautiya (appellant no. 5), Ram Nath Ram Rautiya (appellant no.4) (since deceased), Lerhe Bhagat, Hauwa Bhagat armed with lathi were assaulting to informant's son, Baijnath Singh.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=JWh84WYVV%2BM86K4sXzCHn8BFokXVBwOA2u7%2FODH5cx0ufxD9KhKLNu9m6JBOdsV%2B&caseno=Cr.A(DB)/440/2002&cCode=1&cino=JHHC010140722002&state_code=7&appFlag=)

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