LAXMI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Originally there were four appellants in this appeal, namely, Laxmi Sah, Balchand Shah, Satyadeo Shah and Suresh Shah of village Senuwaria, P.S. Turkaulia, District-East Champaran, who had been convicted by the Court of 1st AddI. Sessions Judge, Motihari by judgment delivered on 8-10-199 1 in Sessions Trial No. 12/119 of 1991, whereby appellant Nos. 1 and 2 have been convicted under Section 302/109 of Indian Penal Code whereas appellant Nos. 3 and 4 have been convicted under Section. 302/34 of Indian Penal Code and all of them have been sentenced to undergo imprisonment for life.

(2.) Appellant No.1 Laxmi Sah died during the pendency of this appeal and thus this appeal abates so far appellant No.1 is concerned. Appellant Nos. 3 and 4 are sons of appellant No.1.

(3.) The appellants were placed on trial relating to an offence committed on 10th April, 1990 in which one Kamrul Alam was allegedly fatally stabbed by appellant Nos. 3 and 4, namely, Satyadeo Sah and Suresh Sah. There was charge of abatement against appellant Laxmi Sah and Balchand Sah.