PRADEEP KUMAR BEYAHUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the appellant and learned APP for the State as well as learned senior counsel representing the informant.

(2.) This criminal appeal has been preferred by the sole living accused-appellant for setting aside the judgment dated 6th October, 1994 passed by the learned 6th Additional District and Sessions Judge, Chapra in Session Case No. 65 of 1984 whereby and whereunder the appellant Pradeep Beyahut has been convicted under Sections 302/149, 324 and 148 of the Indian Penal Code. The appellant has been sentenced to undergo imprisonment for life for the offence under Sections 302/149 I.P.C., three years rigorous imprisonment for the offence under Section 324 I.P.C. and further three years rigorous imprisonment for the offence under Section 148 I.P.C. All the sentences are to run concurrently.

(3.) It appears from the records that earlier this criminal appeal was listed along with Criminal Appeal (DB) No. 581 of 1994 preferred by co-accused Yogendra Prasad Beyahut @ Yogendar Beyahut who was convicted under Section 302 I.P.C., 148 I.P.C. and section 27 of the Arms Act. During the pendency of the appeal before this Court, the accused Yogendra Beyahut died and therefore, this Court vide order dated 25.11.2017 passed in Criminal Appeal (DB) No. 581 of 1994 recorded that the appeal stood dismissed as having abated due to death of the sole appellant. A reference to the appeal preferred by Yogendra Beyahut has been purposely made because it will appear from the records of the case received from the court below and also from the impugned judgment that it was the said Yogendra Beyahut against whom the allegation was that he had fired from the gun with an intention to kill the deceased Ram Prasad Gupta on 24th Day of March 1983 and the learned trial court upon examination of the evidences procured in course of trial came to a conclusion that shot fired by said accused Yogendra Beyahut had ultimately resulted in his death.