GAURI CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since appellant No. 2. Ram Gati Chaudhary died during the pendency of appeal, his appeal stands abated.

(2.) All the appellants have been convicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. Appellant No. 1 Gauri Chaudhary has been further convicted under Section 304, Part II of the Indian Penal Code and sentenced to under go rigorous imprisonment for seven years. However, his sentences have been ordered to run concurrently.

(3.) The prosecution case, in short, is that on 9.4.1985 at about 6.30 p.m. the informant all of a sudden on hearing hulla went out of his house and came near the house of Chand Dhari Singh and saw that accused Gauri Chaudhary and accused Ramgati Choudhary were assaulting his cousin brother Rameshwar Thakur (deceased) with lathis and accused Tetar Choudhary, Gaya Choudhary and Shankar Choudhary with lathis in their hands were abusing his brother. The informant rushed towards his cousin to save him. In the meanwhile his cousin being injured fell down on the ground.