BHUTAI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been directed against the judgment of conviction dated 19.7.2001 and sentence order dated 21.7.2001 passed by learned Addl. Sessions Judge III, Madhepura in Sessions trial no. 33 of 1989 by which and whereunder he convicted appellant no. 4, Gurudeo Sah for the offences punishable under sections 148, 448, 324, 307 of the Indian Penal Code, appellant nos. 2 and 3 for the offences punishable under sections 148, 448, 307/34 of the IPC and appellant no. 1, Bhutai Sah for the offences punishable under sections 147, 448, 323, 307/34 of the IPC and accordingly, sentenced the appellant no.4, Gurudeo Sah to undergo rigorous imprisonment for ten years for the offence punishable under section 307 part II of the IPC, to undergo rigorous imprisonment for two years for the offence punishable under section 324 of the Indian Penal Code and sentenced the rest appellants to undergo rigorous imprisonment for ten years for the offence punishable under section 307 read with section 34 of the Indian Penal Code and furthermore, appellant no.1, Bhutai Sah was sentenced to undergo rigorous imprisonment for six months for each offence punishable under sections 147, 323, 448 of the IPC and similarly, appellant nos. 2, 3 and 4 were sentenced to undergo rigorous imprisonment for one year for the offence punishable under section 148 of the Indian Penal Code and to undergo rigorous imprisonment for six months for the offence punishable under section 448 of the IPC. However, all the sentences were ordered to run concurrently.

(2.) DURING the pendency of this appeal, appellant no.2, Bihari Sah died and accordingly, proceeding of this appeal was abated against him vide order dated 7.5.2013.

(3.) ON the basis of the aforesaid fardbeyan, Murliganj (Kumarkhand) P.S. case no.143/1987 for the offences punishable under sections 147, 148, 149, 323, 324, 307, 448 of the Indian Penal Code was registered against the appellants and one other accused. The case was investigated and after completion of investigation, police submitted charge sheet against the appellants and co -accused Sri Prasad Sah for the offences punishable under section 307 and other minor sections of the Indian Penal Code. The cognizance of the offences was taken and the case was committed to the court of sessions, in usual way.