SRIMOHAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals have arisen from Sessions Trial No. 270 of 1978/55 of 1985 on the file of 3rd Additional Sessions Judge. Madhubani. Thirty three persons were placed on trial in this case for having committed offences punishable under Sections 302/ 149, 148, 324, 307, 147, 323, 337 and 426 of the Indian Penal Code. On conclusion of the trial only 29 persons were found guilty and four personTs were not found guilty and were acquitted. All 29 persons were convicted and sentenced as follows:

(2.) Appellant No.1 Jagdish Yadav of Cr. Appeal No. 251 of 1987 died during the pendency of this appeal and a report in this regard has also been received from the court below. Thus. Cr. Appeal No. 251 of 1987 stands abated as against appellant No.1.

(3.) An application has been filed that some of the appellants namely. Appellants no. 14 Bahadur Yadav . Appellant No. 15 Gujan Yadav. Appellant No. 16 Rasiklcil Yadav. Appellant No. 17 Bhallu Jha and Appellant No. 18 Upendra Jha have died during the pendency of this appeal. However no proof of their death has been filed and as such we shall proceed on the presumption that they are alive and this appeal has not abated against these appellants.