AWADH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON the last occasion the matters were listed for further hearing even without the Lower Court Records with a direction to the Counsel for the Patna High Court CR. APP (SJ) No.77 of 1999 dt.22 -01 -2014 2 Appellants to produce a copy of the deposition which he has done and, hence, the Court is proceeding to hear the matter.

(2.) IT has been submitted on behalf of the Appellants that Appellant No. 3 Prasadi Paswan of Cr. Appeal (SJ) No. 77 of 1999 expired on 22.02.2007 and, therefore, his appeal has become infructuous. His Appeal is dismissed as such.

(3.) THE case of the Informant, Rabindra Paswan is that on 24.07.1994 at about 10 A.M. he saw the accused persons variously armed assaulting Lachho Paswan. At the same time his father Bundi Paswan heard some shouts and seeing the occurrence he went to rescue Lachho Paswan at which Appellants, Anirudh Paswan and Awadh Paswan inflicted injuries with "Khanti" on his head as a result of which he fell down, injured and later succumbed to the injuries in the hospital. The Appellants after having been charge - sheeted were put on trial under Section 302/144 IPC but acquitted of the charges and sentenced as mentioned above.