BIRENDRA MAUAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the above noted appeals and revision application have arisen out of the same judgment of conviction and order of sentence dated 25-2-2002 and 27-2-2007 passed by the Sessions Judge, Aurangabad in Sessions Trial No. 32 of 1987 by which the appellants were found guilty for the offences punishable under Sections 304 (2)read with Section 149 of the Indian Penal code and sentenced to undergo R. I. for ten years and further the appellants Birendra mauar, Mohan Mauar, Baban Mauar and congress Dusadh were sentenced to undergo R. I. for one year for the offence punishable under section 323 of the Indian Penal Code and it has been ordered that both the sentences shall non-concurrently, have been heard together and are being disposed of by this common judgment.

(2.) BY filing criminal revision application, the informant has assailed the judgment and prayed that the opposite party Nos. 2 to 8 of cr. Rev. No. 207 of 2002 should have been convicted under Section 302 of the Indian penal Code and instead of Section 323 of the Indian Penal Code the accused persons should have been convicted under Section 325 of the Indian Penal Code and they should have been awarded higher punishment.

(3.) THE prosecution case is based on First information Report which was registered as barun P. S. Case No. 152 of 1986 under sections 147, 148, 323, 324, 325, 307 of the indian Penal Code against seven named accused persons. In course of treatment, injured Jamuna Pandey died. So Section 302, ipc was added vide order dated 21-11-1986. After investigation charge-sheet was submitted under Sections 147, 148, 149, 323, 307 and 302 of the Indian Penal Code against all the accused persons. Accordingly, after taking cognizance, the case was committed to the Court of Sessions. Charges were framed under Section 147, IPC against ashok Mauar, Naresh Mauar, Mohan Mauar. Birendra Mauar, Baban Mauar and Congress dushad and against Shambhu Mauar charge under Section 148, IPC was framed. Against Birendra Mauar, Baban Mauar and mohan Mauhar for assaulting Awadh Bihari pandey charge was framed under Section 323, ipc. Accused Congress Dushad was separately charged under Section 323 of the indian Penal Code causing injury to haridwar Pandey. Charge under Section 302, IPC was framed against Ashok Mauar, shambhu Mauar and Naresh Mauar. Charge under Section 302/149, IPC was framed against Ashok Mauhar, Shambhu Mauar, naresh Mauhar, Baban Mauar, Birendra mauar and Congress Dushad. Charges were explained to the accused persons on which they denied their complicity in the alleged crime so the trial proceeded.