P.K.Sinha, J.

1. This appeal is directed against the judgment of conviction of the appellants recorded by the learned 2nd Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No. 171/216 of 1982/87 wherein finding the prosecution case to have been proved beyond reasonable doubts, the learned Court convicted the accused under second part of Sec. 304 read with Sec. 34 of the Indian Penal Code and after hearing on sentence, sentenced them to undergo 10 years of rigorous imprisonment, each.

2. My attention has been drawn towards order dated 10.7.2000 by which it was reported to the Court that appellant No. 5 Nand Kishore Sahni had died at which this Court had called for a report from the concerned Superintendent of Police. That report is at Flag A, As per this report which is dated 13.9.2000 this appellant had died about 8 years back. Therefore, the appeal so far this appellant is concerned, has stated.

3. The prosecution case, briefly stated, and as coming out from the First Information Report lodged by the brother of the deceased Makhan Rai was that on 28.1.1981 at about 7 a.m. when the deceased was sitting at his Darwaja all the accused-persons reached the