JUDGMENT :

Learned defence counsel Mr. Yogesh Modi is appearing on behalf of the appellants. Learned APP Mr. Sanjay Kr. Srivastava is appearing on behalf of the State and learned counsel Mr. P.K. Mukhopadhyay is present on behalf of the informant.

2. At the outset, it has been jointly submitted on behalf of the parties that the appellant No.1 Jibalal Sao has expired during the pendency of this appeal on 05.12.2015 and to that effect, a counter affidavit has been filed on behalf of the State stating that appellant No.1 Jibalal Sao had died and the death certificate has been given by the Pardhan of Gram Panchyat, Kesodih, District – Giridih, Jharkhand and the photocopy of the said death certificate is the part of the counter affidavit, which is available on record. Further, it has also been stated in the counter affidavit that rest of the appellants namely Teklal Sao, Baleshwar Sao and Jagarnath Sao are alive and the notices have been duly served to them. Learned defence counsel Mr. Yogesh Modi appearing on behalf of the appellants also submitted that appellant No.1 Jibalal Sao has expired and the rest of three appellants are alive and it has further been submitted on behalf of the par