RAM PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Fourteen persons were tried by the learned Second Additional Sessions Judge, Bhagalpur, on various charges. Out of these 14 persons Sheo Prasad Sharma and Ram Prasad Sharma were charged under Section 302, I.P.C. Sheo Prasad Sharma was charged under Section 302 for having intentionally caused the death of Qudrat Mian by shooting him down with his gun whereas ram Prasad Sharma was charged under this section for having shot down with his gun Kaleshwar Yadav and thus having caused the murder of this person.

(2.) The Second Additional Sessions Judge, Bhagalpur convicted Sheo Prasad Sharma under Sections 304, 324/34, 201 and 148 and sentenced him to seven years rigorous imprisonment. The appellant, Ram Prasad Sharma was convicted under Sections 326/149, 324/34, 201 and 148, I. P. C. and sentenced to four years rigorous imprisonment. Seven other accused were also convicted but it is not necessary to mention the sections under which they were convicted. Five of the accused persons were acquitted by the learned Second Additional Sessions Judge.

(3.) Two appeals were filed before the High Court, one by the State and the other by the nine convicted persons, including Ram Prasad Sharma. Both the appeals were heard together. The High Court accepted the appeal of the State as far as Ram Prasad Sharma was concerned and convicted him under Section 304, I. P. C., in connection with the shooting and causing the death of Kalashwar and sentenced him to rigorous imprisonment for seven years. The convictions of seven others were altered from under Sections 326/149 to one under Sections 304/149 but the sentence of four years rigorous imprisonment was maintained. In other respects the convictions were maintained. The High Court, however, quashed the convictions under Section201, I. P. C.