KANHAIYA GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant No.1 Kanhaiya Giri (since dead) has been convicted under Section 326 of the Indian Penal Code and appellants Nos. 2 (since dead) , 3 and 4 have been convicted under Section 326/34 IPC and all the appellants have been sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.1000/- each with default clause vide judgment and order dated 7.3.2003 passed by Sri Shyam Nandan Prasad Verma, the then Ad hoc District and Sessions Judge, Fast Track Court No.1, Saran, Chapra in Sessions Trial No. 132 of 1989.

(2.) In this case a report was called for from the Superintendent of Police, Saran regarding life status of the appellants and report has been received from which it appears that appellants Nos. 1 and 2, namely, Kanhaiya Giri and Deo Narain Giri @ Deo Narayan Giri, have died during pendency of the appeal, as such, this appeal against them stands abated.

(3.) Prosecution case, in short, is that on 22.9.1987 at about 4 P.M. when informant Sarbdeo Giri (PW 3) was coming from his field after cutting a bundle of fodder (marua stems) on his head and when he reached near the maize field of Wakil Bharti, he was surrounded by accused appellants and on the order of appellant Deo Narain Giri (since dead) appellants Nos. 3 and 4 assaulted him by lathi on his waist and when he fell down appellant No.1 Kanhaiya Giri (since dead) threw acid on the person of informant, causing burn injuries on his back, arms, shoulder, neck and other parts of body.