Prayer:
1. The instant appeal has been filed under Section 374
(2) of the Code of Criminal Procedure against judgment of
conviction and order of sentence dated 21.04.1997, passed
by learned Sessions Judge, Deoghar in Sessions Trial No.188
of 1994/ 5 of 1995, by which the appellant has been
convicted under section 302/34 of IPC and sentenced to
undergo imprisonment for life and to pay a fine of Rs.5,000/.
The appellant has been further convicted under Section 27 of
the Arms Act and for that he has been sentenced to undergo
RI for three years. Both the sentences are directed to run
concurrently.
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2. Before, proceeding with the case, it is pertinent to note
that by the impugned judgment, two accused persons
namely Ibrahim Mian and Kalim Mian (appellant herein)
were convicted and sentenced as aforesaid. Accused
Ibrahim Mian had filed Cr. Appeal (DB) No. 174 of
1997(P), which was abated by order dated 21.12.2023 of
this Court, as appellant Ibrahim Mian had died during
pendency of the said appeal.
