RATAN PASI; JAMUNA PASI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) This appeal is directed against the judgment of conviction dated 07.06.2000 and order of sentence dated 08.06.2000 passed by Shri Jai Nandan Sharma, learned 1st Additional Sessions Judge, Chatra in Sessions Trial No. 350 of 1996, by which judgment, he found the appellants guilty for the offence under Section 307/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years and he also found them guilty for the offence under Section 27 of the Arms Act and sentenced them to undergo rigorous imprisonment for two years. Both the sentences were directed to run concurrently.

(3.) It is submitted by learned counsel for the appellants that Appellant No.1 namely Ratan Pasi has died during the pendency of this appeal. It is submitted by learned counsel for the appellants that it will appear from the evidences of the informant, Jugeshwar Mahto as given in the fardbeyan as also supported by the evidence of the investigating officer of the case that nobody had seen as to from where and who fired upon the informant, Jugeshwar Mahto and injured him, but subsequently, he has developed the case and wanted to say that the firing was done by the accused, Jamuna Pasi and it is a clear development from the previous statement given by him in his fardbeyan, and as such, his conviction is bad in law and fit to be set aside. It is also submitted by learned counsel for the appellants that neither any arms was recovered from the Jamuna Pasi and Ratan Pasi nor anybody had seen them firing upon the injured informant and so their conviction is bad in law and fit to be set aside.