GANGA KAHARALIAS GANGA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two Cr. Appeals, namely, Cr. Appeal (DB) No. 161 of 1988 and Cr. Appeal (DB) No. 176 of 1988, arise out of a common judgment and order dated 30.03.1988, passed by learned 2nd Additional Sessions Judge, Patna, in S.T. No. 192 of 1981, arising out of Kotwali P.S. case no. 06 of 1973. Cr. Appeal No. 161 of 1988 has been preferred by Ram Bhajan Kahar and Ram Ishwar Kahar @ Ishwar Kahar, whereas Cr. Appeal No. 176 of 1988 is filed by Ganga Kahar @ Ganga Prasad. During hearing of this appeal, Ram Bhajan Kahar (Cr. Appeal No. 161 of 1988) died and his name was expunged from the memo of appeal, by order dated 31.03.2011, with the result that there is one appellant in each of the two appeals.

(2.) BOTH the appellants have been convicted under Sections 302/149 of the I.P.C. for being members of unlawful assembly in prosecution of the common object of causing death of one Surendra Kumar Singh @ Munna Jee, the brother of the informant. The appellants have been further convicted under Sections 307/149 of the I.P.C. for being members of unlawful assembly with common object to commit murder of the informant Girish Kumar Sinha, his maternal cousins Ajay Kumar and Suresh Kumar Sinha. Both the appellants have been sentenced to undergo imprisonment for life under sections 302/149 of the I.P.C., and further sentenced to undergo R.I. for five years for offence under sections 307/149 of the I.P.C. However, the sentences were ordered to run concurrently.

(3.) THE accused did not choose to examine any witness and their defence is total denial of occurrence. According to them, the deceased Surendra Kumar Sinha suffered injuries in road accident and on mere suspicion they have been roped in this case. During the trial, co-accused Nagendra Kahar and Jaigovind Kahar @ Balgovind Kahar were found to be minor and their case was separated for being tried under Children's Act and the instant trial proceeded against remaining three accused persons, namely Ganga Kahar, Ram Bhajan Kahar and Ram Ishwar Kahar. During the pendency of this appeal, Ram Bhajan Kahar died and his name was expunged from the memo of appeal; and now only two of the accused are appellants before us, namely Ram Ishwar Kahar and Ganga Kahar. Ram Ishwar Kahar is appellant in Cr. Appeal no. 161 of 1988 and Ganga Kahar @ Ganga Prasad is appellant in Cr. Appeal No. 176 of 1988.