HARIHER BHUIAN Vs. SUDESHWER BHUIAN

JUDGEMENT

(1.) Heard learned counsel for the surviving appellants Hariher Bhuian and Sudeshwer Bhuian and the learned counsel for the State.

(2.) The appellants are aggrieved by the Judgement of conviction and Order of sentence dated 05.09.1992 passed by the learned Second Additional Sessions Judge, Palamau in S.T. No. 172 of 1990, whereby these appellants along with the other two co-appellants, who are since dead, have been convicted for the offences under Sections 302 and 307 of the Indian Penal Code read with Section 34 of the Indian Penal Code. The appellant Hariher Bhuian was also found guilty for the offence under Section 323 of the Indian Penal Code for assaulting P.W.- 3, Kalo Devi. Upon hearing on the point of sentence the appellants were sentenced to undergo rigorous imprisonment for life for the offence under Sections 302 / 34 of the Indian Penal Code and no separate sentence was passed for the other offence.

(3.) At the very outset it may be stated that the conviction of the appellant Hariher Bhuian for the offence 323 of the Indian Panel Code cannot be sustained in the eyes of law, in as much as, he was not even charged for that offence and without framing the charge for that offence and tried for that, he has been convicted for the same. The other two co-appellants Bhikhu Bhuian and Mahipat Bhuian died during the pendency of this appeal and accordingly, this appeal stood abated qua them by order 11.08.2016.