RAJENDRA DAS AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The submission of the Counsel for the Appellants is that the Appellant No. 1 died during the pendency of Appeal and, hence, his Appeal is dismissed as having become infructuous.

(2.) The Appellant No. 2 has been convicted under Sections 307 and 460 IPC and sentenced to RI for three years by the Additional Sessions Judge-V, Darbhanga in S.Tr. No. 163 of 1997 by judgment and order dated 10.10.2001.

(3.) The case of the prosecution according to the Informant, Mahendra Das (P.W. 11) is that on 17.12.1996 while he was sleeping in his house along with his family members his eldest son and daughter-in-law were sleeping inside the northern room and his two younger sons, daughter and mother were sleeping in the southern room and when he woke up someone started assaulting him. He identified them as the Appellants and some unknown miscreants. On account of the assault he and his wife were injured. When his son came to intervene he was also assaulted by the Appellants. When they raised alarm and witnesses started to arrive the accused fled away. The reason for the occurrence is that the Appellant No. 1, Rajendra Das was an employee in his shop and he had been given loan for his sister's marriage and the Informant was demanding return of the same for which the panchayati was also convened but the Appellant No. 1 refused to accept the decision of the pancayati and hence the present ocuurrence.