BASUDEO RAI AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal No. 523 of 2002 wherein Basudeo Rai is the appellant, Criminal Appeal No. 532 of 2002 wherein Badri Rai, Ram Chandra Rai and Dilip Rai are the appellants, originate against the common judgment of conviction and sentence dated 21.08.2002, passed by the Presiding Officer, Additional Court -II, (Fast Track Court), Katihar in Sessions Trial No. 221 of 2001/ 207 of 1991, convicting the appellant Dilip Rai for an offence punishable under Section 307 of the I.P.C. and directed to undergo rigorous imprisonment for seven years, while appellants Basudeo Rai, Badri Rai and Ram Chander Rai have been found guilty for an offence punishable under Section 307/149 of the I.P.C. and each one has been directed to undergo rigorous imprisonment for seven years.

(2.) WHILE the above referred two appeals remained pending, appellant Laxman Rai on whose behalf Criminal Appeal No. 342 of 2004 has been filed and who, during continuation of original trial before the learned trial Court defaulted after recording of statement under Section 313 Cr.P.C. and whose trial was bifurcated on account of his absence, was tried under heading of Sessions Trial No. 207 of 1991 and during course thereof, was found guilty for an offence punishable under Section 307 I.P.C, 148 I.P.C. and further been directed to undergo rigorous imprisonment for seven years under Section 307 I.P.C. as well as rigorous imprisonment for one year under Section 148 of the I.P.C. with a further direction to run the sentences concurrently, and as having the same set of evidence against all of them on account thereof, all the three appeals have been directed to be heard analogously and in the aforesaid background, have been heard analogously and are being disposed of by a common judgment.

(3.) ON the basis of the aforesaid first information report, Kurshela P.S. Case No. 20 of 1991 was registered followed with investigation as well as submission of chargesheet ultimately leading to these Sessions Trials as well as meeting with the ultimate result, the subject matter of instant appeal.