JUDGMENT :

Heard Mr. Pawan Kumar Pathak, the amicus curiae appearing on behalf of the appellants in both cases, Ms. Madhulika Dasgupta, the learned counsel for the appellants in Cr. Appeal (S.J.) No. 121 of 2010, Mr. Shishir Suman, the learned counsel for the appellant in Cr. Appeal (S.J.) No. 133 of 2010 as well as Mrs. Niki Sinha, the learned APP appearing on behalf of the State in both cases.

2. A letter dated 30-01-2020 has been received from S.I.-cum-officer-in-charge of Sadar police station, Chaibasa, stating therein that appellant no.1 namely Sikandar Sao alias Sikandar alias Sikandar Halwai @ Siku, son of Madan Sao had died on 09-03-2015 and an affidavit dated 29-01-2020 has been filed by the brother of appellant no.1 namely Sonu Sao S/o Late Madan Sao documented with death certificate of his deceased brother. On perusal of the aforesaid affidavit, I find that another alias name of appellant no.1 has been indicated as Amit Sao and in the death certificate issued on 19-08-2015 also, name of dead person is shown as Amit Sao. But, the name of Amit Sao does not figure as alias name of appellant no.1 in the cause title of memo of his appeal. Be that as it may, in view of affidavit dated 29-01-2020 of appellant's no.-1 brother namely Sonu Sao son of Late Madan Sao and in view of report dated 30-01-2020 of the officer-in-charge of Sadar Police Station, Chaibasa, appeal of appellant no.1 stands abated.

3. Both these criminal appeals have been preferred by the appellants against the judgment of conviction and the order of sentence, both dated 27.01.2010, passed by the learned Additional District & Sessions Judge-II, Chaibasa in Sessions Trial Case Nos. 79 of 2005 and 237 of 2005, whereby and where under, all the appellants were convicted under Sections 452/448/427 and 435/149 of IPC and 148 of the Indian Penal Code. The appellants were sentenced to undergo SI for six months under Section 427 IPC and three months SI under Section 448 IPC. The appellants were further sentenced to undergo two years SI and a fine of Rs.500/- each for the offence committed under Section 452 IPC, six months SI and a fine of Rs.500/- each for the offence under Section 435/149 IPC and one year SI for the conviction under section 148 IPC. All the sentences were directed to run concurrently and period undergone was ordered to be set off.

4. The case of the prosecution, in brief, as per the fardbeyan dated 01-09-2004 of the informant PW-4 Bela Yadav wife of Mohan Yadav is that on 01-09-2004 at about 11:30 am she was inside her house. All of sudden, she heard knocking of her door and she came out in her courtyard and saw a crowd of about two hundred persons. In the crowd she saw Dharmu Ghasi, Kali Ghasi, Jitu Ghasi, Sikwa @ Sikandra Halwai, Bhola Ghasi, Chunnu Karwa and Lakhan Tiwari armed with swords and other persons were armed with lathi, danda and bhala. Informant asked them why they had come to her house, to which persons from the crowd abused her and asked where is Madan Yadav and Sikandar Yadav and told her to bring them out. Informant said that they were not in the house thereupon Dharmu Ghasi, Kali Ghasi, Jitu Ghasi, Sikwa @ Sikandar Halwai, Bhola Ghasi, Chunnu Karwa and Lakhan Tiwari, all resident of Gadikhana, Sadar police station, District- West'Singhbhum dashed her boundary wall made of wood and entered into her house. Dharmu Ghasi caught hold of the informant's hair and dragged her and assaulted her with sword, but, the informant bent down and saved herself. Informant further stated that Lakhan Tiwari pushed her mother-in-law and she fell down on the ground as a result she sustained injury on the finger of her left leg and waist. The accused persons damaged the white coloured Ambassador car bearing no. BPT 66 parked at the door by lathi and danda as a result of which glass, bonnet, seat and gate etc. of the car was damaged. Thereafter, accused persons went to her new house situated at Noapatti. Later on, informant came to know that accused person