LAWS(PAT)-2015-2-11

MUNNA PANDEY AND ORS. Vs. STATE OF BIHAR

Decided On February 09, 2015
Munna Pandey And Ors. Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) INITIALLY , appellant Munna Pandey @ Jai Kumar Pandey, Gangadhar Pandey were the appellants, however, during course of pendency of instant appeal, Gangadhar Pandey died, on account thereof, instant appeal stood abated against him vide order dated 08.01.2015 however, remained alive concerning Munna Pandey @ Jai Kumar Pandey.

(2.) THE instant appeal has been filed against judgment of conviction and sentence dated 29.08.2002 passed by Additional District and Sessions Judge, FTC - Bhagalpur in Sessions Trial No. 485/1994/25/2002 whereby and whereunder, appellants Gangadhar Pandey (since deceased), Munna Pandey @ Jai Kumar Pandey have been found guilty for an offence punishable under Sections 324/34 and 307/34 IPC and each one has been directed to undergo RI for seven years under Section 307/34 IPC while no separate sentence was passed with regard to 324/34 IPC.

(3.) DEFENCE , as is evident from the mode of cross -examination as well as statement recorded under Section 313 Cr.P.C., is of complete denial of occurrence as well as of false implication in the background of prevailing animosity. However, neither any D.W. nor any document has been exhibited.