SHANKAR CHUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the 14 appellants have preferred this appeal against the judgment and order dated 1-7-2002 passed by the learned Additional Sessions Judge, (F. T. C. No. 4), Kaimur at Bhabhua In Sessions Trial no. 358/80 of 1990/2002, whereby, ail the appellants were convicted for the offences under Sections 364/34, 302/34, 201 of the indian Penal Code and awarded ten years life imprisonment and 7 years rigorous imprisonment respectively for each of those charges. They were further convicted under section 27 of the Arms Act but no separate sentence was awarded on that count.

(2.) AN affidavit has been filed to show that appellant No. 1 Shankar Choudhary died on 13-6-2007 in Sub-divisional hospital, Buxar, and in support of such fact a copy of the death certificate has also been brought on record. In that view of the matter, this appeal will be treated to have abated in respect of appellant No. 1 Shankar Choudhary.

(3.) THE prosecution case as appearing from fardbeyan of (P. W. 6) Mukti Narain Rai is to the effect that on 9-8-1989 he along with Rajendra Prasad Rai (P. W. 4) had gone from his village Banke Bahuara to Nuaon bazar in the day time and there they met his uncle Uday Narain Rai (the victim) who was returning from Bhabhua after attending a Court case. They started for the village and at about 6. 30 in the evening while they were still west of their village, near the boring of Bachcha Rai alias Narvadeshwar rai in a field near water channel going towards chandesh, three persons who were sitting on the bank of the canal suddenly got up and captured Udai Narain Rai. The informant could identify two of them as shyamraj Choudhary (appellant No. 12) and banshidhar Choudhary (appellant No. 7 ). 15-20 persons came out from a hut near the boring of Narvadeshwar Rai armed with rifle and gun and out of them Deoraj choudhary (appellant No. 8) exhorted others to kill the entire family. In the meantime, the other accused persons carried away the victim and the informant and his companion managed to run away on hearing the threat of assault. While fleeing they raised hulla and came to their out house (Dera ). According to the informant the occurrence was witnessed by Rajendra Rai (P. W. 4) as well as by one Radha Rai and narvadeshwar Rai- (both were not examined during the trial ).