BALRAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed by the nine appellants, being aggrieved and dissatisfied with the judgment of conviction and order of sentence dated 08.09.1992 passed by the learned 2ndAdditional Sessions Judge, Madhubani in Sessions Trial No.61 of 1987/20 of 1992, whereby all the appellants have been found guilty under Section-149/302 of the Indian Penal Code (hereinafter in short 'IPC') and sentenced to rigorous imprisonment for life. The appellant-Dhaneshwar Singh has been held guilty under Section-302/149 IPC. Appellant-Balram Singh has been found guilty under Sections-302 and 307 IPC. AppellantBishundeo Singh has been found guilty for offence under Section- 326 IPC and appellant-Mahadeo Singh has been held guilty under Section-324 IPC. Then, some of them have been found guilty under Sections-147 and 148 IPC. Each has been awarded different sentences apart from rigorous imprisonment for life but all sentences are ordered to run concurrently.

(2.) At the very outset, it may noticed that so far as appellant-Bishundeo Singh and appellant-Dhaneshwar Singh are concerned, it is unlikely that they would alive today and, if alive, they would be much above 90 years of age. Learned counsel for the appellants has stated that he is not in touch with the clients as this appeal itself has been taken up for final hearing after about 23 years. He has also doubts whether the appellant-Mahadeo Singh would also be alive and, if alive, he would also be above 80 years of age. However, in absence of any positive affidavit in this regard we have to proceed with this appeal as it is.

(3.) In sum and substance, the appellants have been charged with the murder of one Munideo Singh, a Punch and grievously hurting several others.