ORDER :

1. This appeal is directed against the judgment of conviction dated 16.06.2003 and order of sentence dated 17.06.2003 passed by the Additional Sessions Judge, Fast Track Court-III, Garhwa by which the appellants Vijay Baitha, Parmeshwar Mali and Keso Mali (died during the pendency of this appeal) have been sentenced to undergo R.I. for one year under section 148 of IPC only and further the appellant no. 5 Tetri Devi (died during the pendency of this appeal) was convicted to sentenced to undergo R.I. for 3 years u/s 325/149 IPC. The appellant no. 1 Abhimanyu Baitha and appellant no. 4 Subodh Kumar Baitha have been convicted and sentenced to undergo R.I. for five years u/s 325/149 IPC.

2. The prosecution case arose in the wake of fardbeyan of Chuttur Baitha whose statement was recorded on 17.08.1993. The said informant alleged that on 16.08.1993 at about 5.00 p.m. his nephews Abhimanyu Baitha and Subodh Kumar Baitha came to his house and questioned him as to why he had tied the she buffalo at their place. Out of fear, he immediately removed the she-buffalo and tied her inside his house. Thereafter, they threatened him that today in the evening when his son Nandu Baitha would re