JUDGMENT

Ratnaker Bhengra, J. - Heard learned counsel for the appellants and learned counsel for the state.

2. As per report received appellant No.7 Gopi Nath Mandal and appellant No.9 Chhoten Pujahar died. Hence, their appeal stands abated.

3. Appellants are aggrieved by the judgment of conviction and order of sentence dated 7.3.2003 passed by the learned Additional Sessions Judge, Fast Track Court No.2,Deoghar in Sessions Case No. 139 of 2001 whereby, the appellants were found guilty and convicted for the offence under sections 148, 323/149,325/149,326/149 IPC and sentenced to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs. 2000/- each and in default of payment of fine further to undergo simple imprisonment of 3 months u/s 326/149 IPC, R.I. for 4 years u/s 325/149 IPC, R.I. for 1 year U/s 323/149 IPC and R.I. for 2 years u/s 148 IPC. It was further ordered that 60% of fine deposited shall go to the Gulam Mandal (informant) and Jeevlal Mandal (injured). All the sentences were directed to run concurrently.

4. The prosecution case as per written report of the informant Gulam Mandal PW-5 dated 23.9.2000 is that a case in respect of J.B. No. 16 pl