SUDARSHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Sections 302/149 of the Penal Code and sentenced to rigorous imprisonment for life. They have also been convicted under Sections 307/149 and 380 of the Penal Code and sentenced to rigorous imprisonment for 10 years and 3 years respectively. They have further been convicted under Section 27 of the Arms Act and sentenced to imprisonment for five years.

(2.) IT may be stated at the outset that when the hearing was about to conclude Shri Anil Kumar Mishra, learned counsel representing appellant Rama Rai, stated that the said appellant died a year ago in jail. There being no affidavit to that effect nor any report from the jail authorities in the ordinary course we should have adjourned the hearing of the case and sought report. However, considering that the other two appellants too are in jail, we thought it appropriate to proceed with the hearing since verification of the statement would have consumed some time. This was also the suggestion of the counsel for the other appellants and the State. Shri Mishra however, did not advance any argument on behalf of the appellant Rama Rai.

(3.) THE occurrence was narrated by Mahendra Rai to the Officer -in -charge of Awatar Nagar Police Station on the next day i.e. 14.3.1995 at about 10.30 A. M. at his house i.e. the place of occurrence. In the fardbeyan he disclosed that the motive behind the occurrence was long standing enmity between accused Rama Shankar Singh and himself. On account of that enmity they had come to kill him. On the basis of the said fardbeyan Awatar Nagar P.S. Case No. 31/95 was instituted and investigation commenced. At the end of the investigation, after completing necessary formalities, the Investigating Officer submitted charge -sheet and the appellants were thus put on trial.