BISHAMBHER BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Patna High Court dated February 16, 1968 in Criminal Appeal No. 384 of 1966. Fourteen persons were tried in the court of the Second Additional Sessions' Judge, Chapra, under Ss. 307, 148 and 147, I.P.C. Out of them two were convicted under sections 307 and 148, I.P.C, and four under S. 147, I.P.C. The rest were acquitted. The six convicted persons appealed to the High Court but except for the reduction of the sentence imposed under S. 307, I. P.C. their appeal was otherwise dismissed. All the six convicted persons applied for special leave to this Court. On May 21, 1968, however, an application was presented in this Court on behalf of the petitioners seeking permission to amend the special leave application by raising the following two additional grounds:

(2.) The trial court, while dealing with the case under S. 147, I. P. C. upheld the prosecution version only to the extent it was supported by the earliest statement of Ganesh recorded on November 22, 1965, as his dying declaration, by P. N. Roy Circle Officer, who was examined as court witness no. 1. Point No. 4 which was formulated by the trial court on this part of the case reads:

(3.) In this Court the same argument, as was urged in the High Court, was repeated by Shri P. K. Chatterjee. According to the counsel when these appellants were acquitted of the charge under S. 323, I. P. C. they could not be convicted under S. 147, I.P. C. because no overt act has been proved against them. The counsel argued that there was no finding that the present appellants shared the common object of the unlawful assembly with those convicted. He cited Baladin v. State of U. P. AIR 1956 SC 181 in support of his contention. In that decision the principle of law was stated thus: