JADO SAH AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three appellants have preferred the present appeal against the judgment of conviction dated 03.10.1994 and order of sentence dated 05.10.1994 passed by learned 2nd Additional Sessions Judge, Gopalganj in Sessions Trial No. 131 of 1990, arising out of Manjhagarh P.S. case no. 216 of 1989, whereby the appellant no.1, namely, Jado Sah, was convicted under Section 302 of the Indian Penal Code and he was sentenced to undergo rigourous imprisonment for life. Appellant no.2, namely, Bira Sah, was convicted for offence under section 323 Indian Penal Code and sentenced undergo Rigorous Imprisonment for one year. Appellant no.3, namely, Sri Ram Sah, was convicted for offence under Section 324 of the Indian Penal Code and he was directed to undergo rigorous imprisonment for three years.

(2.) During the pendency of this appeal appellant no.2, namely, Bira Sah, has died and as such the appeal on behalf of the appellant no.2 stands abated.

(3.) The prosecution case in brief as per the fardbeyan reads as follows: