R.K.MERATHIA, J. - (1.) BOTH the criminal appeals arise out of the common judgment dated 27.3.1996 passed by Shri Vasudeo Ram, 2nd Additional Judicial Commissioner, Ranchi in Sessions Trial Case No. 551 of 1993, convicting the appellants under Section 304/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for ten years and to pay Rs. 20,000/ - each as fine. These two appeals have been heard together and are being disposed of by this common order.
(2.) IT is stated, on the basis of the affidavit filed today, that appellant No. 1 (Prithvi Raj Rai of Criminal Appeal No. 36 of 1996) having died on 25.8.1997 i.e. during the pendency of the appeal, it has abated against him. In both the appeals, the appellants are police personnel. This case arises oat of Jagarnathpur P. S. Case No. 162, dated 20th August, 1990. The brief background prior to lodging of this case is necessary. Jagarnathpur P.S. Case No. 143 of 1990 was instituted under Sections 395 and 412 of the Indian Penal Code on the fardbeyan of one Khemlal Sahu. Manager of Hesag Wine Bhathi alleging, inter -alia, that renounced criminal Amrendera Kumar Swami with other accused persons named in the first information report committed dacoity in Hesag Wine Bhathi and one of the dacoits stabbed him in the chest. It was further alleged in the first information report that the villagers assembled there on alarm. They chased, caught and assaulted the dacoits, as a result of which, two of them, namely, Udai Sharma alias Munna and Wilson alias Pappu died at the spot while other accused, namely, Jonson Kiro, was admitted to Rajendra Medical College Hospital, Ranchi for treatment where he succumbed to the injuries on the next day. From their possession, looted cash, dagger, pistal and cartridges were recovered. Other three dacoits fled away. Prithvi Raj Rai, (deceased appellant No. 1 in Criminal Appeal No. 36 of 1996) also lodged a first information report being Jagarnathpur P.S. Case No. 144 of 1990 under Section 304 of the Indian Penal Code against unknown villagers about the death of the said persons. It appears that on receipt of some complaint, the Deputy Commissioner, Ranchi directed Shri Kameshwar Ram, executive Magistrate, Ranchi (PW 24) to hold enquiry under Section 176 of the Code of Criminal Procedure. After holding enquiry, he submitted his report on 11.8.1990, on the basis of which, the present case being Jagarnathpur P.S. Case No. 162 of 1990 was instituted under Section 302/34 of the Indian Penal Code after about 24 days i.e. on 20.8.1990 against Prithvi Raj Rai (now deceased), Biran Prasad Singh and Balesh -war Ojha, appellants No. 1, 3, and 6 respectively in Criminal Appeal No. 36 of 1996 and nine others. Learned counsel for the appellants pointed out from this first information report that incriminating articles were recovered from the possession of the deceased persons who had criminal background also; and that it was found by the informant (PW 24) that criminal incident had taken place in the Wine Bhathi, and in this connection, criminals were caught by the police personnel, but it is not clear whether they died due to assault by the police personnel or by the villagers/pedestrians or due to assault by all of them.
(3.) THE police after investigation submitted charge -sheet and charges were framed a against the appellants Under Section 302/34 of the Indian Penal Code, to which they pleaded not guilty and claimed to be tried.;