NIRANJAN KUMAR RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 2216/2020 The instant interlocutory application has been filed for recall/modification of the order dated. 09.01.2020. Since the appeal is being heard finally today, learned counsel for the appellant prays for withdrawal of the same. Prayer is allowed. Accordingly, I.A. No. 2216 of 2020 is dismissed as withdrawn. Criminal Appeal (SJ) No. 298 of 2006 This appeal is directed against the judgment of conviction and order of sentence dated 17.02.2006 passed by Sunil Kumar Singh, Additional Sessions Judge, Fast Track Court-VII, Giridih in Sessions Trial No.100 of 2004 whereby and whereunder the appellant no. 1, Niranjan Kumar Rai has been convicted for the offence under Sections 225, 323 ,353 and 332 of the Indian Penal Code and appellant no. 2, Pintu Kumar Rai has been convicted for the offence under Sections 224, 353 and 323 of the Indian Penal Code and appellant no. 1, Niranjan Kumar Rai has been sentenced to undergo one year for the offence under Section 225 of the Indian Penal Code with fine of Rs. 500/-, R.I. for two years for the offence under Section 332 of the Indian Penal Code with fine of Rs. 500/-, R.I. for one year for the offence under Section 353 of the Indian Penal Code with fine of Rs. 500/- and for six months for the offence under Section 323 of the Indian Penal Code with fine of Rs. 500/- and appellant no. 2, Niranjan Kumar Rai has been sentenced to R.I. for one year for the offence under Section 224 of the Indian Penal Code with fine of Rs. 500/-, R.I. for one year for the offence under Section 353 of the Indian Penal Code with fine of Rs. 500/- and for six months for the offence under Section 323 of the Indian Penal Code with fine of Rs. 500/-. All the sentences were directed to be run concurrently.

(2.) During pendency of the present appeal, the appellant no. 1, Niranjan Kumar Rai died on 15.02.2009. This fact has been brought on record by filing counter affidafit by the State.

(3.) As per the prosecution story, the present appellant, Pintu Kumar Rai has been arrested in connection with some other case and was in jail. When the appellant, Pintu Kumar Rai was taken away to Court from jail, the appellant no. 1, Niranjan Kumar Rai, who was the elder brother of the appellant no. 2, intervened and tried to pick up quarrel with the officials and tried to free his younger brother namely Pintu Kumar Rai.