TUNTUN DUSHADH AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) It has been submitted that the Appellant No.2 died during pendency of the appeal and, therefore, his appeal has become infructuous. The appeal against him is dismissed as such.

(2.) As for surviving Appellant No.1, he has been convicted under Section 324 I.P.C. and sentenced to R.I. for six months by a judgment dated 16.1.2002 passed by the Presiding Officer, 1st Additional Fast Track Court, Siwan in Sessions Trial No.7 of 1987/1 of 2001.

(3.) The case of the prosecution according to Informant Sheo Paras Manjhi is that on 26.1.1983 while he was cutting jokes there was an altercation between his Bhabhi and the wife of the Appellant No.2. The wife of the Appellant No.2 was abusing him, his Bhabhi and his wife. His Bhabhi and wife objected to it. At about 11 A.M. the next day the Appellant No.2 came and started hurling filthy language and abused him and his family members and thereafter both the Appellants attacked him. Appellant No.1 caught hold of him, whereas Appellant No.2 hurled a farsa blow on his left hand. Appellant No.2 thereafter again assaulted him. The Appellant No.1 assaulted them, his mother and wife with garasa causing injuries on them.