RAMA NAND RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE were seven appellants in this appeal, who were charged and tried for an offence under Secs. 148 and 307 of the Indian Penal Code by the 1st Additional Sessions Judge, Vaishali at Hajipur and by Judgment delivered on 17th April, 1989, the trial Court convicted appellant No. 1 Rama Nand Rai and appellant No. 3 Ayodhya Rai under Secs. 148 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. Both the aforesaid appellants have died during the pendency of this appeal. Hence the appeal abates against them.

(2.) SO far as remaining appellants are concerned, appellant No. 2 Saryug Rai has been convicted under Secs. 323 and 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under Sec. 147, Indian Penal Code. Appellants Nos. 4, 5, 6 and 7 have been convicted under Sec. 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. Appellants No. 4, 5 and 7 have also been convicted under Sec. 148 of the Indian Penal Code but no separate sentence has been awarded to appellants No. 1 and 3 to 7 either under Sec. 147 or 148 of the Indian Penal Code.

(3.) THE case of the prosecution was that on 30.7.1984 the appellants entered the house of the informant Dinesh Rai and assaulted his brother Chandeshwar Rai. The appellants were armed with Farsa, Khanti, Sword, Bhala etc. When the informant rushed to his house, he found his brother Chandeshwar Rai lying at the Dalan in injured and unconscious condition. On seeing the informant, the appellants started abusing him. The injured was taken to Hospital. Injured Chandeshwar Rai had received bhala and farsa injuries and these injuries are subscribed to Rama Nand Rai and Ayodhya Rai.