GHURA AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE four appellants have filed this appeal against the judgment of conviction and sentence of life imprisonment as passed by the IVth Additional Sessions Judge, Arrah, in Sessions Trial No. 186 of 1988. The judgment and sentence were passed on 03.05.1988. The appellants have been convicted under section 396 of the Indian Penal Code and, as noted above, have been sentenced imprisonment for life. Let it be noted that two of the accused persons, who were also put on trial, have been acquitted.

(2.) ON the date of judgment i.e. 03.05.1988, the trial court assessed the age of the four appellants as 60 years, 70 years, 60 years and 55 years, respectively. That would make the eldest to be 96 years and the youngest to be 81 years and as such the court has serious doubts whether any one of them is still surviving.

(3.) AS per the statement of the informant Sheonath Yadav (not examined), the brother of the deceased Radha Yadav, the first information report was registered, which is Ext.2. The informant states that in the night of