DHANNA CHAUDHRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this appeal by special leave the two appellants. Awadesh and Biso, have been convicted and sentenced to imprisonment for life under S. 302/ 149 IPC and the other accused under S. 326/149 IPC. Three of the accused persons are already dead and, therefore, their appeal abates. Thus, twelve appellants are left in the field.

(2.) We have gone through the judgments of the Courts below and we find ourselves in complete agreement with the view taken by them with a small exception, viz. that having regard to the evidence of the Doctor (PW 35) it has not been conclusively proved that there was any intention to cause the murder of the three deceased persons. The Doctor, while describing the nature of the injuries, has stated that there was one injury nearabout the region of the nose inflicted by a bhala and all other injuries were caused by lathis, but they were superficial. The Doctor seems to be confused because he says that bhala which is a sharpcutting weapon is like a lathi. In this confused state of the medical evidence we find it wholly unsafe to uphold the conviction of Awadesh and Biso under S. 302/149 IPC and we alter their conviction to one under S. 326/149IPC.

(3.) Accordingly, we allow this appeal to the extent that the convictions of Awadesh and Biso are altered from 302/149 IPC to 326/149 IPC and we impose a sentence of rigorous imprisonment for seven years under these sections. The conviction and the sentence of the other appellants shall stand.