DEO NARAIN KOERI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal against appellant no.3 Gupteshwar Koeri and appellant no.5 Bihari Koeri abated because they have died during pendency of the appeal.

(2.) THE appellants have assailed the judgment dated 18.01.1989 passed by 10th Additional Sessions Judge, Arrah in Sessions Trial No. 294 of 1983 holding them guilty along with others namely, Gupteshwar Koeri and Bihari Koeri (both are dead during trial) under Section 302/149 of the Indian Penal Code and sentencing them thereunder to undergo imprisonment for life and further holding guilty appellants Deo Narain Koeri, Kedar Koeri along with Gupteshwar Koeri (since dead) under Section 27 of the Arms Act and sentencing them to undergo rigorous imprisonment for four years each respectively. The sentences were ordered to run concurrently.

(3.) ON 28.10.1982 at 7.15 A.M. the informant' elder brother Ram Shakal Singh (deceased) was folding his bed. At that very time, Deo Narain Koeri alias Munnijee, Kedar Koeri and Gupteshwar Koeri, both of Mahthin Tola, P.S.Bihian armed with country made pistol came and entered inside the room and a shot was fired upon Ram Shakal Singh, brother of the informant. On cry of his brother Ram Shakal Singh, the informant tried to go inside the room but he was chased by Bihari Koeri (now dead) and Hardeo Koeri. His domestic help Lali Choudhary and his nephew Lal Bihari Singh were also threatened by them. After the accused persons retreated, the informant, his nephew and his servant Lali Choudhary entered into the room and found his brother in injured condition. With the help of villagers namely, Jadu Singh, Rama Paswan, Rajendra Singh and Ras Bihari Singh, the injured Ram Shakal Singh brought Piro Hospital for treatment where after sometime he was pronounced dead.