GUPTESHWAR NATH OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed on behalf of two appellants Gupteshwar Nath Ojha and Bishwanath Ojha as the leave was granted in respect of these two from a judgment passed by a Division Bench of Patna High Court in Criminal Appeal No. 57 of 1971 dated 27th July, 1977 wherein the learned Judges altered the conviction of these two appellants and some others and convicted them for an offence under S. 304 Part II read with S. 149 IPC and sentenced to four years rigorous imprisonment. They are also convicted for offences like under Ss. 323 and 324 for causing injuries to other prosecution witnesses and also under Ss. 147 and 148, IPC.

(2.) The learned Judges of the High Court acquitted the appellant Bishwanath Ojha from an offence under S. 304 read with S. 114, IPC.

(3.) Before the High Court 12 persons filed their appeal out of whom three were convicted by the Sessions Judge under S. 302 IPC and the rest under S. 302 read with S. 149 IPC all of them being sentenced to imprisonment for life. They were also convicted some under S. 148 and some under S. 147 and for also minor offences under Ss. 323 and 324 for causing injuries to other prosecution witnesses than the deceased. Bishwanath Ojha who was Appellant No. 12 before the High Court was also convicted for an offence under Ss. 302/114, IPC.