ORDER :

SHREE CHANDRASHEKHAR, J.

1. Initially, this criminal appeal was preferred by five appellants challenging the judgment of conviction under section 302 r/w section 34 IPC and under section 201 r/w section 34 IPC and the order of sentence, both dated 06.12.1993 passed by the 3rd Additional Sessions Judge, Dhanbad in Sessions Trial Case No. 5 of 1989, however, during pendency of this criminal appeal, appellant no. 1 namely, Bharat Chandra Gorain and the appellant no. 2 namely, Bhanumati Gorain passed away and, accordingly, the criminal appeal on their behalf has abated.

2. The appellant-Bharat Chandra Gorain was the father-in-law and the appellant-Bhanumati Gorain was the mother-in-law of the deceased namely, Mamta Gorain.

3. Now, this criminal appeal survives qua the appellant no. 3 namely, Jitan Gorain, appellant no. 4 namely, Chotu Gorain and appellant no. 5 namely, Noren @ Naresh Gorai.

4. By an order dated 24.01.1994, the appellant nos. 2, 3 and 4 were released on bail and by an order dated 29.04.1994, the appellant no. 1 was also admitted to bail. The appellant no. 5 namely, Noren @ Naresh Gorai has been released on bail by virtue of the order dated 29.09.1994 passed in Crimin