KAUSHAL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Criminal Appeal arises out of the judgment of conviction and order of sentence in respect of appellant Kaushal Kumar Singh dated 18.6.2003 and 19.6.2003, respectively, passed by the learned Additional Sessions Judge, 5th court, Vaishali at Hajipur in Sessions Trial No. 347 of 2001 by which the appellant was sentenced to rigorous imprisonment for life as also to pay a fine of Rs. 10,000/-, in default of which was to suffer simple imprisonment for three months. By the same judgment co-accused Shyam Kumar Singh who was also being tried with appellant Kaushal Kumar Singh for a charge under Section 364 A/34 of the Penal Code was acquitted. Appellant Kaushal Kumar Singh brings into question the propriety of the findings upon his guilt recorded by the learned trial Judge through the impugned judgment, whereas the connected revision petition has been preferred by the informant of the case, namely, Jaleshwar Prasad Singh to challenge the correctness of the order of acquittal passed in respect of accused Shyam Kumar Singh who stands impleaded as opposite party No. 2 in the connected revision petition.

(2.) We have heard the connected matter together and we are disposing them of by this common judgment.

(3.) Before we consider the arguments advanced before us by the contending counsel, we want first to note the facts of the case in brief.