NIHORE KOERI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) Being aggrieved and dissatisfied by the judgment and order dated 5th April, 1999, passed by the 7th Additional Sessions Judge, Rohtas, at Sasaram, convicting the Appellants for the offence punishable under Section 304, Part I read with Section 149 of the Penal Code and sentencing them to suffer rigorous imprisonment for 10 years, the Appellants preferred Criminal Appeal No. 69 of 1999 before the High Court of Judicature at Patna. By the impugned judgment and order dated 31st March, 2000, the High Court dismissed the appeal and confirmed the judgment and order passed by the learned Sessions Judge.

(3.) At the time of hearing of this matter, the learned senior counsel appearing on behalf of the Appellants contended that the judgment and order passed by the High Court, is on the face of it illegal and erroneous and that the High Court has failed to discharge its function of re-appreciating the evidence led by the prosecution before confirming the conviction. He pointed out that this Court has repeatedly drawn the attention of the High Courts to their essential duty of re-appreciating the evidence in a conviction appeal. The learned Counsel further submitted that considering the facts, particularly, the protest petition which was filed by the complainant, it appears that the main accused at whose instance this incident took place is not prosecuted. For this purpose, he has referred to the protest petition produced on record. He submitted that witnesses have improved their version on the basis of the medical evidence that accused assaulted by blunt side of bhala or gandasa and, therefore, either their presence at the scene of offence is doubtful or they are suppressing true facts with regard to the incident.