BARACHYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is submitted that the appellant no.1- Barachya Singh died on 07.03.2015, during pendency of this appeal. The death certificate of the appellant has been brought on record by filing supplementary affidavit. In view of the death certificate, this appeal abates as against the appellant no.1-Barachya Singh.

(2.) The appellants are aggrieved by the judgment of conviction dated 15.07.1992 and order of sentence dated 20.07.1992 passed by learned 2 nd Additional Sessions Judge, Palamau whereby the appellant no.2-Laldeo Singh @ Lalbabu Singh has been found guilty under Sections 302, 307/149 and 148 of the Indian Penal Code and appellant no.3- Raghunandan Mistri has been found guilty under Sections 302/149 and 307/148 of the Indian Penal Code and Section 27 of the Arms Act. Upon hearing on the point of sentence the appellant no.2-Laldeo Singh @ Lalbabu Singh has been sentenced to undergo rigorous imprisonment for life under Section 302 of the I.P.C. as well as under Section 307/149 of the I.P.C. He is further sentenced to undergo rigorous imprisonment for two years under Section 148 of the I.P.C. Appellant no.3- Raghunandan Mistri sentenced to undergo rigorous imprisonment for life under Section 302/149 of the I.P.C., rigorous imprisonment for seven years under Section 307 of the I.P.C. and rigorous imprisonment for two years under Section 148 of the I.P.C. and five years under Section 27 of the Arms Act. The sentences passed against each of the appellants shall run concurrently.

(3.) The prosecution case, in brief, is that accused Sarju Prasad Singh and Raghunandan Mistri were on inimical terms with the informant Maheshwar Singh and there were several cases pending between them from before. Few years prior to the date of occurrence, Sarju Singh and accused Laldeo Singh and Barachya Singh had cut the hands of the informant and his brother in a dispute over irrigation of water in respect of which there was a case pending in the court. In the previous year prior to the occurrence, the aforesaid three accused persons had threatened the informant and his family members in order to force them for compounding the case, but the informant and his family members did not agree, whereupon the aforesaid three accused persons had committed the murderous attack on Jagdish Singh (son of the informant) in respect of which a case was also pending in the court against the aforesaid three accused persons. The aforesaid accused persons had also encroached upon some lands of the informant forcibly. The son of the informant used to make Pairvi in those cases on behalf of the informant and the aforesaid three accused persons had put pressure on Jagdish Singh (son of the informant) to compound the case but did not agree whereupon the aforesaid accused persons had threatened him (the informant's son) two days prior to the occurrence that they would celebrate bloody Holi.