BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants in this appeal were convicted by the trial Court along with accused Bishwanath Singh for committing the offence punishable under Section 302 read with Section 34, I.P.C. In the appeal filed by them the High Court altered their conviction from under Section 302 read with Section 34, I.P.C. to one under Section 326 read with Section 34, I.P.C. Both the appellants were sentenced to suffer rigorous imprisonment for 7 years and accused Bishwanath Singh was awarded rigorous imprisonment for 3 years. All the three convicted accused applied to this Court for special leave to file an appeal. Leave was granted to all of them. Bishwanath Singh's appeal being Criminal Appeal No. 356/88 came up for hearing earlier and it was dismissed by this Court on January 18, 1995. The appeal of the present two accused as unfortunately not listed for hearing along with that appeal and therefore it is now heard by us separately.

(2.) At the outset, the learned counsel for the appellants stated that appellant Bhagwan Singh has died and therefore his appeal has abated. Therefore the appeal filed by Raj Nath Singh alone now survives.

(3.) Both the Courts below have held that Raj Nath Singh had given a sphere (spear) blow on the chest of Brijlal. The Courts have also held that injuries were caused to Brijlal in furtherance of the common intention of all the three accused. The reason why the High Court altered the conviction of Raj Nath Singh from that under Section 302 read with Section 34 to Section 326 read with Section 34, I.P.C. is that according to the evidence of Dr. C. B. Tripathi who had held the post mortem examination 8 injuries on the person of the deceased were medically interfered with and the death was caused due to pus in the brain. The High Court was, therefore, of the view that the death of Brijlal was not the direct result of the injuries caused by the accused.