ARJUN RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) At the out set, it is submitted that the accused appellant has been released from Jail on 16.5.2010 after undergoing the entire substantive sentence including remission granted by the State.

(2.) Appellant Arjun Ram along with three others were charged under Sections 323,341,307/34 and 302/34 IPC for intentionally causing the death of Mathura Ram (Kahar) on 6.11.1995 and also for voluntarily causing hurt to Mathura Ram (Kahar), Basudeo Kahar, Ram Kishun Kahar, Anjani Devi and Sundri Devi. By the impugned judgment rendered by the court of First Additional Sessions Judge, Giridih dated 4.2.2000 in Sessions Trial No.113/96 the appellant herein was convicted for the offences under Sections 302 and 341 IPC and sentenced to undergo imprisonment for life and a fine of Rs.1000/- and in default whereof to suffer three months simple imprisonment. The other three accused persons were held guilty under Sections 323 and 341 IPC.

(3.) In short the prosecution case is that the aforesaid accused persons including the appellant in furtherance of their common intention on 6.11.1995 at village Nawadih, P.S. Bagodar (Sariya), District Giridih had voluntarily caused hurt to Mathura Kahar, Basudeo Kahar, Ram Kishun Kahar, Anjani Devi and Sundri Devi and attempted to take away their life. Accused Jagdish Ram was further charged under Section 325 IPC for causing grievous hurt to Anjani Devi and Mathura Kahar on the same day of occurrence. The present appellant was charged under Sections 302 and 325 IPC for having caused death of Mathura Kahar and further causing grievous injury on the person of Ram Kishun Kahar by means of Tangi.