JUDGMENT

Ananda Sen, J. (C.A.V.) - Both the appeals, arising out of the common impugned judgment, were heard together and are being disposed of by the common judgment.

2. The appellants have preferred these appeals challenging the judgment of conviction and order of sentence dated 14th November, 2005, passed by the Additional Sessions Judge, F.T.C.-V, Deoghar in Sessions Case No. 312 of 2004, by which all the appellants have been convicted for committing an offence under Sections 302/34 of the Indian Penal Code, and have been sentenced to undergo imprisonment for life for offence under Section 302/34 of the Indian Penal Code, along with a fine of Rs. 5000/- each and in default of payment of fine, further imprisonment for one year. The appellants, Shambhu Pandit and Puran Sah (in Cr. Appeal No. 23 of 2006) have also been convicted for committing an offence under Section 27 of the Arms Act and have been sentenced to undergo R. I. for 7 years for the said offence. However, both the sentences were directed to run concurrently.

3. It is stated that appellant Ram Pandit of Cr. Appeal (DB) No. 353 of 2006 died during pendency of the appeal and, therefore, his appeal bearing Cr. Appeal (DB)