PALAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeals have been filed by the appellants- convicts under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) challenging the impugned judgment of conviction dtd. 23/4/1994 and order of sentence dtd. 3/5/1994 passed by learned Sessions Judge, Darbhanga in Sessions Trial No.84 of 1993 arising out of Bahera P.S. Case No. 218 of 1992, whereby the concerned Trial Court has convicted and sentenced the appellant, namely, Aurn Kumar Jha to undergo rigorous imprisonment for life for the offence under Sec. 302 of the Indian Penal Code (hereinafter referred to as I.P.C.). The concerned Trial Court has also convicted and sentenced the appellants, namely, Palan Jha, Durganand Jha and Sitaram Jha to undergo rigorous imprisonment for life for the offence under Sec. 302/149 of the IPC. All the appellants have further been convicted and sentenced to undergo rigorous imprisonment for three months each for the offence under Sec. 324/149 of IPC and appellant Durganand Jha has further been convicted and sentenced to undergo rigorous imprisonment for six months for the offence under Sec. 379 of the IPC. All the sentences of the appellants have been directed to run concurrently.

(2.) The case of the prosecution, which is based on the fardbeyan of the informant, Anil Kumar Jha (PW-7) is as under:-

(3.) After the occurrence, the informant/PW-7 and injured/deceased Anant Narain Jha were taken to clinic of Dr. R.K. Chaudhary (PW-2), at Benipur, who referred injured Anant Narain Jha to Darbhanga Medical College and Hospital, Laheriasarai. The injured Anant Narain Jha was taken to DMCH, Laheriasarai in unconscious state and was admitted there. On the same day, he was referred to PMCH, Patna where the doctor declared him dead.