JUDGMENT :

Ratnaker Bhengra, J.

Heard Mr. Rishi Pallava, the learned counsel for the appellants as well as Mrs. Nehala Sharmin, the learned APP appearing on behalf of the State.

2. Counter Affidavit has been filed by the State, documented by memo no. 77/2020 dated 30.01.2020 of the officer-in-charge of Saraiyahat PS. and endorsement of mukhiya of Mandaldih gram panchayat stating therein that Appellant No. 2 Devnarayan Singh, Appellant No. 5 Jagadish Singh, Appellant No. 6 Bisheshar Singh and Appellant No. 7 Puran Singh have died. Hence, appeal of these appellants stands abated.

3. The present criminal appeal has been preferred by the appellants against the judgment of conviction dated 16.02.2010 and the order of sentence dated 17.02.2010, passed by the learned 5th Additional Sessions Judge, (F.T.C.), Dumka in Sessions Case No. 78 of 2009, whereby and whereunder, the appellants were convicted under Sections 307/427/149 of the Penal Code, 1860 and sentenced to undergo RI for five years each under Sections 307/149 IPC. They were further sentenced to undergo RI for one year each under Section 427/149 IPC and the sentences were directed to run concurrently.

4. The prosecution case, in brief,