HIRA KANT CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal was filed by three appellants. When this has now been taken up For Hearing, it is stated that appellant No 3 Ram Udar Chaudhary has died. At the time when judgment was delivered by the trial Court, Ram Udar Chaudhary was 65 years old and the judgment was delivered on 01.05.1991 that is 23 years back. We have no reason to disbelieve the statement. Accordingly, we hold that the appeal, as filed by Ram Udar Chaudhary, abates. The appeal is under consideration in respect of appellant No 1 Hira Kant Chaudhary and appellant No 2 Radhe Shyam Chaudhary who are brothers and who are sons of Ram Udar Chaudhary.

(2.) THE appellants have been convicted for offence punishable under Sections 302/34, 307/34 and 324/34 of Indian Penal Code (IPC). They have been sentenced to life imprisonment for offence under Sections 302/34 of IPC. They have further been sentenced to undergo rigorous imprisonment for 10 years under Sections 307/34 of IPC and further one year rigorous imprisonment in respect of Sections 324/34 of IPC. All sentences are to run concurrently.

(3.) IT appears that the four brothers that is Nathuni, Ramu, Tripti and Shiv Kant Chaudhary were variously injured. They were carried to State Dispensary and then to Darbhanga Medical College & Hospital (DMCH). Police took up investigation. While investigation was on, Nathuni Chaudhary, after about 14 days' treatment, died in the DMCH itself. Police, after investigation, submitted chargesheet against the three appellants. The case being committed to Court of Session, charges were framed for murder, attempt to murder and causing injury to which they pleaded innocence and asked for being tried.