RAJEEV RANJAN PRASAD, J.

In the present Criminal Appeal, altogether five appellants moved this Court for setting aside their conviction U/S 302 IPC read with 27 of the Arms Act and Section 302/120B IPC.

2. Accused Basudeo Singh (appellant no. 2) was charged for the offence U/S 302 IPC and Section 27 of the Arms Act whereas the other accused – appellants were charged for the offences U/S 302/120B IPC. The learned trial court – 4th Addl. Sessions Judge, Vaishali at Hajipur vide his judgment dated 15.05.1996 held that the accused persons, namely, Basudeo Singh, Tulsi Singh, Dwarik Singh, Bhadai Singh and Nageshwar Singh were guilty of the offences U/S 302/120B of the Indian Penal code and, accordingly, they were convicted by way of sentence to undergo life imprisonment. Accused Baleshwar Singh and Satendra Kumar Singh were acquitted of the charges U/S 302/120B IPC and further accused Baleshwar Singh was acquitted of the offence U/S 27 of the Arms Act and Section 302 of the Indian Penal Code.

3. During pendency of the appeal before this Court, appellant no. 5, namely, Bhadai Singh died, therefore, the appeal in so far as it relates to appellant no. 5 stands abated.

4. It appears