Anil Kumar Choudhary, J.

Perusal of the record reveals that the appellant no.1 – Rabi Manjhi died on 15.10.2017 as has been mentioned in the impugned order dated 24.09.2018, passed by the learned Additional Sessions Judge –I-cum-Special Judge, Dumka, in S.C. Case No. 223/95, hence this appeal abates so far as the appellant no.1 – Rabi Manjhi is concerned.

2. Registry is directed to delete the name of the appellant no.1- Rabi Manjhi from the cause title of the appeal memo.

3. Rest of the seven appellants i.e. appellant nos. 2 to 8 namely Jitu Manjhi, Arvind Manjhi, Sarju Manjhi, Karu Manjhi, Dhukh Haran Manjhi, Bhago Rana @ Bhagwat Rana and Ramlakhan Manjhi @ Lakhan Manjhi respectively have surrendered in the learned court below.

4. Heard the parties.

5. This appeal is directed against the Judgment of conviction and Order of sentence dated 28.01.2006 passed by the learned 1st Additional Sessions Judge, Dumka, in Sessions Case No.223 of 1995whereby and where under, the appellants have been held guilty for the offence punishable under Section 323 read with Section 149 of the Indian Penal Code and have been sentenced to undergo R.I. for one year.

6. The brief facts of the case as u