MD. OJJAIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT has been submitted that the Appellant No. 1 of Cr. Appeal (SJ) No. 393 of 2001 died during the pendency of the Appeal and, therefore, his Appeal is dismissed as having become infructuous.

(2.) THE Appellants Jamaluddin @ Bhola and Md. Shakeel have been convicted under Section 307 IPC and sentenced to RI for seven years. The rest of the Appellants have been convicted under Section 307/149 IPC and sentenced to RI for five years. However, no separate sentence has been passed against the Appellants in other Sections by the 5th Additional Sessions Judge, Samastipur in S.Tr. No. 369 of 1996 arising out of Tajpur (Pusa) Case No. 3 of 1996 by judgment and order dated 20.10.2001.

(3.) THE prosecution to prove its case examined eight witnesses. P.W. 2, Naresh Chaudhary, P.W. 4, Ajit Mahto and P.W. 6, Sanjay Kumar Mahto have not supported the case of the prosecution and have been declared hostile.