1. By this common judgment, Cr. Appeal No. 1352/2003 and Cr. Appeal No. 77/2004 are being disposed of as both of them arise out of the judgment dated 19-12-2003 passed in same sessions trial.

2. These two criminal appeals arise of the impugned judgment of conviction and order of sentence dated 19th December, 2003 passed by the Additional Sessions Judge, Korba in S.T. No. 133/2003 convicting the accused / appellant Nandlal alias Nandu under S.302 and S.323/34 and 148 of the Indian Penal Code (in brevity ' IPC ' ) and sentencing him to undergo imprisonment for life with fine of Rs. 1000/-, to undergo 3 months and 3 months RI respectively. Accused Dilip, Mohan, Rajendra, Gautam and Gorelal have been convicted under S.302/34, 323/34 and 148 of the and sentenced to undergo imprisonment for life with a fine of Rs. 1000/-, to undergo RI for 3 months and 3 months respectively with default stipulation. All the substantive jail sentences have been directed to run concurrently.

3. During pendency of the appeal, accused / appellant Rajendra Singh has died on 17-2-2007 and as directed, his appeal has already abated.

4. Brief facts of the case are that name of the deceased in this case is Sanat