BRIJ KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned Additional Public Prosecutor.

(2.) Gone through the report submitted by the Senior Superintendent of Police, Gaya communicated vide letter no.1197/Legal Cell dated 08.09.2017 confirming the death of appellants (1) Krishna Singh son of Yogendra Singh @ Ghora Singh, (2) Yogendra Singh @ Ghora son of late Govind Singh. Furthermore, from the judgment impugned, it is evident that those persons were convicted and sentenced of imprisonment only. No fine has been inflicted. That being so, instant appeal abates relating to appellant no.2 Krishna Singh son of Yogendra Singh @ Ghora Singh as well as appellant no.3, Yogendra Singh @ Ghora son of late Govind Singh. That being so, this appeal would now survive only against remaining appellant, namely, Brij Kishore Singh.

(3.) Appellant, Brij Kishore Singh has been found guilty for an offence punishable under Section 324 of the IPC and sentenced to undergo R.I. for two years vide judgment of conviction and sentence dated 11.12.2014 passed by Additional District & Sessions Judge, VIth, Gaya in Sessions Trial No.99 of 2014/394 of 2011 while the other convicts (since deceased) were found guilty for an offence punishable under Section 323 of the IPC and each was sentenced to undergo R.I. for six months.