judgment

P.P. Naolekar, J. —

1.These appeals are directed against the judgment and order dated 16th April, 2004 of the High Court of Judicature at Patna passed in Criminal Appeal Nos. 646 of 1987 and 32 of 1988, whereby the appeals of the appellants were dismissed by the High Court and their conviction and sentence was maintained.

2.Criminal Appeal No. 432 of 2005 by special leave was filed by accused No. 1 Kapildeo Mandal (A-1) and accused No. 5 Milan Mandal (A-5), whereas Criminal Appeal No. 433 of 2005 by special leave was filed by accused No. 2 Dip Narain Mandal (A-2), accused No. 3 Subhit Mandal (A-3) and accused No. 4 Pratap Mandal (A-4). After the case was reserved for judgment by this Court, it was informed by the Registry of this Court that A-3 Subhit Mandal S/o Chedi Mandal, fell seriously ill and was sent for treatment to Jawaharlal Nehru Medical College and Hospital, Bhagalpur, and during the course of treatment he died on 6th February, 2007. The appeal filed by A-3 is, therefore, rendered infructuous.

3.All the accused persons were convicted by the 3rd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 34 of 1983 under Sections 302 read with Section 149, IPC and s