RAM ISHWAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners, who are ten in number have moved this Court involving its inherent jurisdiction for a declaration that Government Appeal No. 14 of 1977, stood abated on the death of a respondent therein, namely Suryadeo Choudhary, son of Ram Milan Choudhary, resident of village Kussi, police station Karakat, district Rohtas, who died during the pendency of the appeal, and accordingly the judgment in the said Government Appeal converting the acquittal of the respondents therein into conviction for various offences is a nullity.

(2.) In the trial thirteen persons were charged for the offences punishable under Ss. 302, 302/34, 302/149, 147 and 148, Penal Code and S. 25(1)(a), Arms Act.

(3.) The learned 4th Additional Sessions Judge, Arrah, however, found petitioner 8, Sarju Choudhary and petitioner 6, Bhagwati Choudhary guilty under S. 304, Part I, Penal Code and petitioner 1, Ram Ishwar Choudhary and petitioner 10 Anjani Choudhary guilty for the offence punishable under Sec. 304 Part I read with Sec. 34, Penal Code, and, accordingly convicted them and sentenced them to undergo rigorous imprisonment for five years each. He also found them guilty for the offence under S. 25(1)(a), Arms Act, and sentenced them to undergo rigorous imprisonment for six months each.