Shailendra Singh, J.—Heard Mr. Raj Shekhar, learned counsel appearing for the appellants and Mrs. Anita Kumari Singh, learned APP for the State.

2. The appeal has been filed against the judgment of conviction dated 02.11.2016 and order of sentence dated 04.11.2016 passed by learned 8th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial Case No. 275 of 2005 arising out of Paroo P.S. Case No. 73 of 2004, whereby and whereunder the appellants have been convicted for the offences punishable under Sections 307 and 341 of the Indian Penal Code (hereinafter referred to as IPC) and sentenced to undergo rigorous imprisonment for five years for the offence punishable under Section 307 of IPC with a fine of Rs. 10,000/- each and in default of payment of fine, to further suffer three months of simple imprisonment and to undergo one month of imprisonment for the offence punishable under Section 341 of IPC and both the sentences have been directed to run concurrently.

3. The instant appeal has been filed by the appellants Jyoti Sah, Shiv Sah and Bhola Sah, among them, the appellant Bhola Sah died after filing of this appeal, hence the instant appeal stood abated to the exten