Chandra Shekhar Jha, J.

At the outset, it is pointed out by learned Amicus, Mr. Amit Kumar Jha that appellant no.2, namely, Ram Sabad Paswan, appellant no.4 namely, Rambhajju Paswan and appellant no.5 namely, Anuj Paswan @ Ramanuj Paswan died during the course of pending appeal.

2. Accordingly, present appeal against appellant Nos. 2, 4 and 5 stands abated. Now, this appeal survives against above-named four appellants only.

3. The present appeal has been preferred by the appellants-convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) challenging the impugned judgment of conviction dated 19.02.2004 and order of sentence dated 20.02.2004 passed by learned Additional District and Sessions Judge, Fast Track Court III, Munger in Sessions Case No.58 of 1986 arising out of Barhiya P.S. Case No.161 of 1984, G.R. No.759 of 1984, whereby the trial court has convicted all above-named appellants under Sections 147, 148, 149, 307 of the Indian Penal Code (for short ‘IPC’) and Section 27 of the Arms Act. The appellants namely, Ram Sabad Paswan (since died), Rambhajju Paswan and Anuj Pawan @ Ramanuj Pawan (since died) have been sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.3,000/- to each for the offence punishable under Section 307 of IPC, rigorous imprisonment for three years with fine of Rs.2,000/- each for the offence punishable under Section 27 of the Arms Act. Further, the appellant Ram Balak Paswan, Dasrath Paswan, Anuj @ Ramanuj Pawan (since died), Chunni Paswan and Bundi Ram further sentenced to undergo rigorous imprisonment for seven years with fine of Rs.2,000/- each for the offence punishable under Section 149 of the IPC, whereas all the appellants have been further sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 148 of the IPC and rigorous imprisonment for two years for the offence punishable under Section 147 of the IPC and in default of payment of fine, to further undergo simple imprisonment for six months. All the sentences have been ordered to run concurrently.

4. The brief case of prosecution, as per fardbeyan of informant namely, Ramprit Pawan (PW-4), recorded by Mr. Sohan Sah, Sub-Inspector of Police, Lakhisarai Police Station is that while informant was coming to his house after taking bath from the well of Thakurbari on 08.10.1984 at about 6.30 A.M., all the appellants-accused variously armed with lathi, bhala, gadasa and firearms were cutting the bamboos standing on the land which is situated towards east of the house of the informant. The informant Ramprit Pawan forbade them from cutting the same as proceeding under Section 145 of the CrPC was pending between the parties with regard to the land on which bamboo clumps were grown. On objection, the appellants-accused became infuriated and appellant Dasrath Pawan ordered his associates to kill the informant, on which, the appellant-accused Ram Sabad Paswan (since died) fired from his country-made pistol, which hit to the informant in his back and front. The appellant Rambhajju Paswan also fired by his country-made pistol, which hit to his right hand and shoulder as a result of which, the informant became unconscious and fell down on the ground. After some time, when he regain to his self, found in hospital and he came to know that the accused jointly assaulted his brother Akshay Lal Paswan with garasa and lathi. The informant and his brother came to hospital for medical treatment at 10 A.M. on the same day.

5. On the basis of aforesaid fardbeyan, the Sub-Inspector of Police, Lakhisarai Police Station forwarded the fardbeyan to Barahiya Police Station for institution of a case. On the basis of aforesaid fardbeyan, the Officer-in-charge, Barahiya Police Station lodged a case as Barahiya P.S. Case No. 161 of 1984 for the offences punishable under Sections 147, 148, 149, 324, 307 of the IPC and Section 27 of the Arms Act against the appellants-accused.