BAGEDAN BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Above noted three appeals arise out of common judgment of conviction and order of sentence, hence they are heard and disposed of by this common judgment. These three appeals have been preferred against the judgment of conviction dated 21st December, 2006 and the order of sentence dated 22nd December, 2006 passed in Sessions Trial No. 242 of 1999/67 of 2002 whereby the Additional Sessions Judge, Fast Track Court No.-II, Kaimur at Bhabhua has found and held the appellants guilty for the offences punishable under Section 395 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years. Appellant Balia Bind has further been convicted to undergo rigorous imprisonment for ten years under Section 397 of the Indian Penal Code. The appellants Balia Bind and Raghunath Bind have been further convicted to undergo rigorous imprisonment for five years under Section 27 of the Arms Act. All the sentences were to run concurrently.

(2.) Learned Counsel appearing on behalf of Raghunath Bind, appellant in Criminal Appeal No. 161 of 2007 submits that he has died during the pendency of this appeal. No affidavit has been filed in Court in this matter. It would, thus, require that the trial court should verify this fact. If it is found that Raghunath Bind, son of Sukhu Bind, resident of Village-Sade Kawaee, P.S.-Sonhan, District-Kaimur has died the judgment against Raghunath Bind, appellant in Criminal Appeal No. 161 of 2007 shall stand abated.

(3.) Kailash Bind, informant of this case gave his fardbeyan at Sadar Hospital, Bhabhua on 23.3.1999 at about 7.30 A.M. In the First Information Report it is said that he was sleeping alongwith his wife and son when some persons began to beat the door and finally broke the door and entered into their house. They were 6 to 8 in number. The informant is said to have identified the six appellants as well as one Tilaku Bind. It is alleged that these persons began to commit loot and took away clothes, silver and Rs. 5,000/- cash. Tilaku Bind is said to have fired with his gun on the informant whereas Balia Bind said to have fired on the wife of the informant P.W. 5. Both of them received serious injuries on the hand and on the fist by the said firing.