SHEO YATAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON the last occasion the appeal was listed even without the death report of the Appellants No.1 and 3. Since the appeal was of the year 2000, and the appeal would, in any case, become infructuous if the said Appellants had died, this Court felt that there was no requirement of keeping the appeal pending for the report and hence it is proceeding to hear the matter.

(2.) THE Appellants have been convicted under Section 323 I.P.C. and sentenced to R.I. for one year and a fine of Rs.500/ - and the Appellants No.3 and 4 have further been convicted under Section 342 I.P.C. and sentenced to R.I. for six months and a fine of Rs.200/ - by a judgment dated 25.8.2000 and 28.8.2000 passed by the 6th Additional Sessions Judge, Saran at Chapra in Sessions Trial No.337 of 1990.

(3.) DURING trial the prosecution examined seven witnesses in all. Out of whom, P.W.1 Dharamnath Rai is an eye witness to the occurrence, who supported the case of the prosecution. It was suggested to him that on account of his relationship with the Informant he had deposed falsely in his favour.