RAM AWADH DIXIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT has been submitted that the appellant no.2 died during the pendency of the appeal and, therefore, the appeal of appellant no.2 abates.

(2.) THE appellant nos.1 and 3 along with the deceased appellant have been convicted u/s.376 I.P.C. and sentenced to R.I. for ten years by a judgment dated 28.9.1996 passed by the Sessions Judge, Purnia in Sessions Trial No.283 of 1993.

(3.) IN the light of the evidence of the prosecutrix and the two supporting witnesses of having seen the appellants fleeing away from the place of occurrence and also the doctor who corroborated the case of the prosecution objectively, I am not inclined to interfere in the conviction of the appellants. However, since the occurrence is said to have taken place in the year 1990 i.e. about 21 years ago, the sentence is reduced to five years.