SURINDER SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal was originally filed by nine appellants challenging their conviction under Section 304 Part II read with Section 149 Indian Penal Code The trial court had convicted them under Section 302 read with Section 149 Indian Penal Code The High Court altered their conviction on the ground that the accused were armed with lathis only and while causing injuries to the deceased with lathis they can be imputed with knowledge that they were likely to cause his death. No other reason has been given by the High Court for altering the conviction.

(2.) During the pendency of the appeal appellant No. 4, Gongu Singh, died. So now we are left with eight appellants. They have been convicted on the basis of evidence of eye-witnesses Public Witness -1 to Public Witness -8. Both the Courts below after appreciating their evidence have thought fit to accept it. We do not see any reason to differ from their findings. All the accused appellants had joined in the attack on the deceased. They had not only beaten him at one place but had dragged him for some distance and on the way also some blows were given. The Courts below were right in holding that the appellants had jointly caused the death of Mathura Yadav. Considering the facts of this case, we also see no reason to reduce the sentence imposed upon the Appellants.

(3.) This appeal is dismissed.