BISWANATH KESHRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants/accused are challenging the Judgment and order dtd. 29/4/1995 and 2/5/1995 respectively, passed by the learned Ist Additional Sessions Judge, Saharsa in Sessions Case No. 270 of 1989 between the parties, thereby convicting both the appellants for the offences punishable under Ss. 302/149, 307/149, 324/149, 380/149 as well as Sec. 147 of the Indian Penal Code. They both are sentenced to suffer imprisonment for life for the offence punishable under Sec. 302/149 of the Indian Penal Code. For the offence punishable under Sec. 326/149 of the Indian Penal Code, they are sentenced to suffer rigorous imprisonment for three years. However, the learned Trial Judge had not imposed separate sentences for the offences punishable under Ss. 324/149, 380/149 and 147 of the Indian Penal Code. Substantive sentences were directed to run concurrently.

(2.) Appellant no.1/accused Bishwanath Keshri died during the pendency of this appeal and as such, the appeal qua this appellant stood abated vide order dtd. 17/11/2021 passed by this Court. For the sake of convenience, appellant no.2/accused, Ashok Kumar Keshri shall be referred to as the accused.

(3.) The facts in brief leading to the prosecution case projected from the police report can be summarized thus;