ORAL JUDGMENT

Date : 20-12-2025 At the outset, it is submitted that appellant no(s). 1, 4, 5 and 6 namely, Brij Kumar Pandey, Hansnath Pandey, Nandjee Pandey and Paramhansh Pandey died during the pendency of present appeal. Accordingly, present appeal stands abated against them.

2. In view of aforesaid, now this appeal survives against appellant no(s). 2 and 3.

3. The present appeal has been preferred by the appellants-convicts under Section-374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 24.11.2005 and order of sentence dated 26.11.2005 passed by learned Additional District and Sessions Judge (Fast Track Court No. V), Gopalganj in Sessions Trial No. 22 of 1995/151 of 2004, whereby the concerned Trial Court has convicted the appellants under Section 436 /34 of the Indian Penal Code (for short ‘IPC’) and have been sentenced to undergo R.I. for seven years and fine of Rs. 1,000/- each and in default of payment of fine each shall undergo SI for six months.

4. The brief facts of the prosecution case is that on evening of 06.04.1993 informant had gone to attend the nature’s call towards north of his hou