BADSHAH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the appellants and learned Counsel for the State.

(2.) BADSHAH Pandey, Gauri Shankar Pandey and Sheoshanker Pandey were put on trial and found guilty along with Saral Pandey, Narsingh Pandey and Babunand Dubey (all the three now dead), by the learned 1st Additional Sessions Judge, Gopalganj on 30th July, 1990 in Sessions Trial No. 596 of 1984/32 of 1986 under Section 302/34 and 147 of the Indian Penal Code whereby each of six accused/appellants were sentenced to undergo R.I. for life under Section 302/34 of the Indian Penal Code but no separate sentence has been awarded for committing offence under Section 147 of the Indian Penal Code. During appeal, due to death of appellants Saral Pandey, Narsingh Pandey and Babunand Dubey, the appeal against them abated and now the appeal is confined against three appellants Badshah Pandey, Gauri Shankar Pandey and Sheoshanker Pandey.

(3.) THE informant Raj Narain Thakur divulged that in the preceding evening at about 08.30 p.m., his dog had consumed the bread which resulted into altercation with Dharmnath Pandey. That altercation led to stabbing Dharmnath Pandey by the informant's brother Janardan Thakur (the deceased of the present case). After stabbing Janardan Thakur was trying to escape but he was chased by villagers Karvatahi and in course of saving himself he was overpowered and caught at Dubaulia where he was assaulted by fists, slaps and sticks. As a result thereof he received multiple injuries. The villagers who assaulted were hundred in numbers. The informant had named all the accused persons were put on trial as amongst them. In course of treatment the injured died and on the prayer of the I.O. Section 302 of the Indian Penal Code was added.