BUDHAN PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Procedure Code, 1973 Section 360The appellant No. 1 was convicted for committing the offence punishable under Section 325 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for two years and was ordered to pay a sum of Rs. 500/ - as compensation to the injured Ramjee Pandit. The appellant No. 2 was convicted for committing the offence punishable under Section 324 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for one year and was also ordered to pay a sum of Rs. 500/ - as compensation to Ruplal Pandit, son of the injured Damar Pandit as Damar Pandit was dead. In default of payment of compensation both the appellants were ordered. to undergo simple Imprisonment for three months each, by the judgment dated 22.8.1997 passed by the 2nd Additional Sessions Judge, Giridih in ST No. 130 of 1992. The other four accused, who were tried together with the present appellants, were, however, acquitted by the said judgment.

(2.) BEING aggrieved by the said judgment, the appellants have filed the present appeal.

(3.) THE learned trial Court framed charges against Tejo Pandit (acquitted). Budhan Pandit (appellant No. 1), Mangar Pandit (acquitted), Daulat Pandit (acquitted), Nilkant Pandit (acquitted) and Mitlal Pandit (appellants No. 2) under Sections 147/148 and 307 of the Indian Penal Code read with Section 149 of the Indian Penal Code. Budhan Pandit (appellant No.l) was further charged under Section 325 of the Indian Penal Code whereas Mitlal Pandit (appellant No. 2) was also charged under Sections 148,324 and 307 of the Indian Penal Code.