HAROON MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These nine appellants before us were tried before the learned Sessions Judge, Deoghar, who having found them guilty convicted and sentenced them as under. All the appellants have been convicted under Sections 302/149, IPC and sentenced to imprisonment for life. Appellants Naseem Mian. Kurban Mian and Haroom Mian have further been convicted under Section 148, IPC, but no separate sentence has been imposed against them. The remaining appellants have been convicted under Section 147 IPC, but no separate sentence has been passed against them. Appellants Israil Mian, Ramjan Mian and Habib Mian were also convicted under Section 323, IPC, but no separate sentence has been passed against them.

(2.) An affidavit has been filed that appellant Charku Mian died on 15th June, 1994 and appellant Budel Mian died on 15th October, 1996. Hence, this appeal has abated against them.

(3.) These appellants were tried for the murder of Budhan Mian in an occurrence which happened on 24th November, 1978 at village (Chitarpur) Korhia Tilla. P.S. Madhupur in the district of Deoghar. Actually, the occurrence had taken place in a lane in front of the house of appellant Charku Mian (since deceased). The appellants and the deceased were co-villagers.