BAIJNATH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these appeals arises from a common judgment passed by 9th Additional Sessions Judge, Arrah in Sessions Trial No. 409 of 1982. Both have been heard together and are being disposed of by this common judgment.

(2.) SINCE , appellant No. 1. Ram Pravesh Pandey, in Cr. Appeal No. 75 of 1990 is dead, hence appeal as against him has abated.

(3.) NOW adverting to the evidences placed on the record on behalf of the State one would find Triloki Pandey PW 8 who was maker of the fardbeyan. reiterating his early version which he rendered before the Police about Deo Deyal Pandey having taken recourse to firing causing injuries on the chest and arm, on being exhorted by Ram Veyas Pandey and Ram Pravesh Pandey. He also alleged about Baijnath Pandey to be with gun in the company of assailants. While narrating the genesis of the occurrence, Triloki Pandey stated that a day preceding the incident. while Nathuni Pandey and Awadh Bihari Pandey had collected for amicable settlement of dispute pending between them, Ram Pravesh Pandey and others resisted them not get the dispute settled through reconciliation. He would narrate that he alongwith Indradeo Pandey and Dharmraj Pandey advised them not to resist in reconciliation of dispute through compromise. failing which Ram Veyas Pandey and Deo Deyal Pandey left the place with a caution to him to reap the consequences.