RENGO KURLI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A report has been placed on record at Flag-X dated 14th January 2019 furnished by the Officer In-charge, Kharsawan Police Station, District Seraikella-Kharsawan regarding the status of the four appellants, whether they are alive or dead. As per the report, except appellant no.2 namely Nathu Ram Ho @ Bara Chatu, other three appellants have died during pendency of this criminal appeal. No application for grant of leave under Section 394 Cr.P.C. has been preferred by the legal heirs or relatives of the deceased appellants within 30 days of their death to pursue the appeal. As such, the appeal as against deceased appellants stands abated. The instant appeal is being heard as against the sole surviving appellant no.2 namely Nathu Ram Ho @ Bara Chatu.

(2.) Heard learned counsel for the appellant Mr. Mokhtar Ahmad and learned counsel for the State Mr. Anand Kumar Pandey, Additional Public Prosecutor.

(3.) The instant criminal appeal has been preferred by four convicts namely (1) Rengo Kurli, (2) Nathu Ram Ho @ Bara Chatu, (3) Natho Ho @ Nuni Chatu and (4) Budhu Ho against the judgment of conviction and order of sentence both dated 5th July 1996 passed by learned Additional Sessions Judge, Seraikella in Sessions Trial No.64/1991 whereby all the four accused Nathu Ram Ho @ Bara Chatu, Natho Ho @ Nuni Chatu, Budhu Ho and Rengo Kurli are held guilty for the offence committed and punishable under Sections 302/34 and 201/34 of the Indian Penal Code and awarded imprisonment for life for the offence committed and punishable under Section 302/34 I.P.C. and also awarded rigorous imprisonment for three years with fine of Rs.300/- each for the offence committed and punishable under Section 201/34 I.P.C. and in default in payment thereof, convicts shall have to undergo further rigorous imprisonment for three months. Both the sentences are directed to run concurrently. Though these convicts / accused persons have been acquitted with other co-accused persons facing trial namely Gaju Kurli, Dubu Kurli and Motai Bodra from the charge under Section 380/34 I.P.C. and Gaju Kurli, Dubu Kurli and Motai Bodra have also been acquitted from the charge under Sections 302/34 and 201/34 I.P.C. Nathu Ram Ho- appellant has also been acquitted from the charges under Section 411 I.P.C. During pendency of the appeal other three appellants namely Rengo Kurli, Natho Ho @ Nuni Chatu and Budhu Ho have died and the appeal preferred by them stands abated. So far as the present criminal appeal is concerned, the same is pending with respect to appellant no.2 namely Nathu Ram Ho @ Bara Chatu.