MADAN RAVIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) When the matter was called out, learned counsel for the appellants as well as learned counsel for the State submitted that one of the appellants namely Madan Ravidas had passed away. Learned counsel for the appellants also submitted a photocopy of death certificate of the deceased which is taken on board. Hence, appeal of appellant Madan Ravidas stands abated.

(2.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 8.4.2003 & 9.4.2003 respectively passed by the 1st Additional Sessions Judge, Pakur in connection with Sessions Case No. 260 of 1997 arising out of Pakur (T) P.S. Case no. 198 of 1996, G.R. no. 387 of 1996 whereby and whereunder appellants were convicted u/s 304 Part II/34 of the IPC and sentenced to undergo R.I. for seven years under section 304 Part II of the Indian Penal code.

(3.) The case of the prosecution as per fardbeyan of the informant Tuni Ravidas PW-5 is that on 3.10.1996 at about 8 p.m. when she was cooking food in her house her brother Gujra Ravidas was saying filthy words in his courtyard as some one had stolen his money from his house. On hearing people from the neighbourhood namely Madan Ravidas, Mohan Ravidas and Kisto Ravidas came there and assaulted Gujra Ravidas. On hearing alarm she went there and saw that the accused persons Madan Ravidas, Mohan Ravidas and Kisto Ravidas were slapping his brother Gujra Ravidas. She restrained the accused persons but no heed was given by the accused appellants. Madan Ravidas and Mohan Ravidas were saying to kill Gujra Ravidas. Thereafter Kisto Ravidas pressed his chest with lathi as a result of which he fell down and became unconscious. Thereafter accused persons fled away. Kotal Ravidas, Parmeshwar Ravidas and Samchandra Ravidas all took away Gujra Ravidas to his house and massaged oil on his body to keep the body warm but Gujra Ravidas died.