SHEO BACHAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is filed by the appellant/accused no.1 Sheo Bachan Choudhary and his two sons, namely, appellant/ accused no.2 Harishankar @ Hulas Choudhary and appellant/accused no.3 Madan Choudhary, challenging the Judgment and Order dtd. 12/4/1995 and 17/4/1995 respectively passed by the learned Additional Sessions Judge-I, Siwan, in Sessions Trial No.77/84 arising out of the Police Station-Siwan Muffasil Case No.16(11)/79. By this impugned Judgment and Order, appellant/accused no.1 Sheo Bachan Choudhary came to be convicted of the offence punishable under Sec. 302 of the Indian Penal Code for committing murder of Ramanand Choudhary. He was sentenced to suffer imprisonment for life. By the same impugned Judgment and Order, his son Appellant/accused no.2 Harishankar Choudhary alias Hulas Choudhary also came to be convicted of the offences punishable under Ss. 302, 324 and 323 of the Indian Penal Code for committing murder of Ramanand Choudhary, for causing hurt by a dangerous weapon to P.W.5 Saryug Choudhary and for causing simple hurt to P.W.8 Sawaru Choudhary. He was sentenced to suffer imprisonment for life, rigorous imprisonment for two years and rigorous imprisonment for one year on each count respectively. Similarly, by the said Judgment and Order, appellant/accused no.3 Madan Choudhary came to be convicted of the offences punishable under Ss. 302 read with 34 and 307 of the Indian Penal Code for committing murder of Ramanand Choudhary and for attempting to commit murder of P.W.8 Sawaru Choudhary. He was sentenced to suffer imprisonment for life as well as rigorous imprisonment for four years on each count respectively. The learned trial court had directed that the substantive sentences imposed on the appellants/accused shall run concurrently. For the sake of convenience, the appellants shall be referred to in their original capacity as "the accused".

(2.) Facts in brief leading to the prosecution of the accused persons projected from the police report can be summarized thus:

(3.) During the pendency of the instant appeal, appellant/convicted accused no.1 Sheo Bachan Choudhary died in the year 2010 and, as such, the instant appeal qua said appellant no.1 Sheo Bachan Choudhary stood abated vide order dtd. 5/4/2022 passed by this Court.