RIJHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) It has been submitted that the Appellants Yogendra Singh and Rijhan Singh are dead and, therefore, their appeal abates.

(2.) The Appellant No. 2, Prabhu Kanu has been convicted under Section 307/34 IPC and sentenced to RI for five years as also under Section 27 Arms Act and sentenced to two years RI by the District and Sessions Judge, Gopalganj in S. Tr. No. 136/1986 by a judgment dated 25.07.1996.

(3.) The case of the prosecution according to informant Surendra Rai is that on 05.03.1985 when the informant was returning home after casting his vote the accused persons surrounded him and asked him as to in whose favour he had cast his vote when he refused to disclose the same accused Yogendra Singh fired a shot which hit the temple of the informant. When he fell down some persons took him to the hospital for first aid. It was also alleged that one Mewalal Rai was shot at by the accused persons. In course of treatment Surendra Rai the informant died and Section 302 IPC was added in the First Information Report. The Appellants were charged under Sections 304/149 IPC and Sections 3/5 Explosive Substance Act and convicted as mentioned above.