JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. D.K. Chakraverty, learned counsel for the appellants and Mr. Tarun Kumar, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 21.03.1997 (sentenced passed on 31.03.1997) passed by Shri Mahesh Prasad Tiwari, learned Additional Judicial Commissioner, Lohardaga in Sessions Trial No. 296 of 1994/ Sessions Trial No. 22 of 1996, whereby and whereunder, the appellants No. 1, 2, 4 and 5 have been convicted for the offences punishable u/s 148 and 302/149 of the Indian Penal Code while the appellant No. 3 has been convicted for the offences punishable u/s 147 and 302/149 of the Indian Penal Code and all the appellants have been sentenced to imprisonment for life for the offence u/s 302/149 IPC and the appellants No. 1, 2, 4 and 5 have further been sentenced to undergo rigorous imprisonment for two years for the offence u/s 148 IPC while the appellant No. 3 has been additionally sentenced to undergo rigorous imprisonment for one year for the offence u/s 147 IPC. All the sentences were directed to run concurrently.

3. The appellants No. 2 and 5, namely, Budhdeo Bhagat and Birsa Bhagat have died du