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2023 Supreme(Jhk) 896

SUJIT NARAYAN PRASAD, SUBHASH CHAND
Sawana Hembram son of Simal Hembram – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Yasir Arafat, Advocate
For the Respondent: Mr. Vineet Kr. Vashistha, Spl. PP

JUDGMENT :

Sujit Narayan Prasad, J.

1. It appears from the order dated 11.04.2019 passed by the co-ordinate Division Bench of this Court that the instant appeal so far as it relates to the original appellant no.1, namely, Raju Sah; original appellant no.2, namely, Ramrai Hembrum; original appellant no.5, namely, Kewta Hembram and; original appellant no.6, namely Roshan Hembram, stands abated since it has been stated in the aforesaid order that they have passed away as per the report of the Officer-in-charge, P.S. Kotalpokhar which had been filed by the learned APP. Accordingly, the names of the aforesaid appellants had been deleted and the surviving appellants have been allotted with the new serial numbers.

2. The instant appeal is against the Judgment of conviction and Order of sentence dated 16th January, 1995, passed by learned Sessions Judge, Sahebganj, in Sessions Trial No. 319 of 1991, whereby and whereunder, the appellants have been convicted under Section 396 of I.P.C. and directed to undergo rigorous imprisonment for life.

3. The prosecution story in brief as per the Fard Beyan is that in between 21.03.1990-22.03.1990 at village Jambad Santhali Tola, P.S. Kotalpokhar, District

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