JUDGMENT

Thomas, J.-Thirteen persons were arraigned in the trial court to face charges for offences including Section 302 read with Section 149 of IPC, out of which Sessions Court convicted only four of the offences under Section 304, Part I of IPC and Section 25(1) of the Indian Arms Act. Others were acquitted. The convicted persons were sentenced to rigorous imprisonment for 5 years each on the first count and rigorous imprisonment for 6 months each on the second count. They filed appeal before the Patna High Court. The State of Bihar filed another appeal challenging acquittal of 9 accused as well as the order exonerating the convicted persons of the offence under Section 302 IPC. At the appellate stage there was reversal of fortune for all the arraigned persons as the High Court found all of them guilty under Section 302 read with Section 149 IPC. Hence the present appeals by the accused persons by special leave.

2. We are informed that during the pendency of these appeals two of the appellants (Sheonandan Choudhary and Ram Ishwar Choudhary) have expired. It is also reported that appellant Ganesh Choudhary has become insane and has gone out of his house and his whereabouts are not