SANDEEP KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants, Sandeep Kumar Sharma alias Dabha and Pradeep Kumar Sharma have filed the present Appeal against their conviction passed and sentence awarded by the Sessions Judge, Katihar in Sessions Case No. 302 of 1990. Both the appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code and Appellant no. 1, Sandeep Kumar Sharma has been further convicted under Section 302 of the Indian Penal Code. Appellant no. 1 has been awarded life imprisonment under Section 302 of the Indian Penal Code but no separate sentence has been awarded under Section 302/34 I.P.C. Appellant No. 2 has been awarded life imprisonment under Section 302/34 of the Indian Penal Code.

(2.) THE prosecution case in brief is that when the informant, Dilip Kumar Sharma, P.W. 12 along with the deceased Raj Kumar Sharma and other family members was watching the television at this house situate in Mohalla Shiv Mandir Chawk, Bara Bazar, Katihar at about 9 P.M. on 5.8.1990, the appellants at that time came. Appellant no. 2 caught hold the hands of the deceased, Raj Kumar Sharma and Appellant No. 1, Sandeep Kumar Sharma gave him dagger blows on his chest as a result of which he received injuries. The injured was taken to the Hospital where he died in course of treatment. On the said date at about 10 P.M. in the Hospital itself, the Sub Inspector, J. Ansari recorded the fardbeyan of the informant, Dilip Kumar Sharma (Exhibit 1) where he narrated the prosecution case as stated above, on the basis of which a formal F.I.R. (Exhibit 3) was drawn up and the police after investigation submitted the chargesheet.

(3.) WITH the aforesaid opinion she referred the matter to the Division Bench for proceeding in 4/1/2013 Page 49 Karu Mian Alias Md.Karu,Gul Mohammad,Amina Khatoon Versus State Of Bihar accordance with law. Thereafter the matter was placed before the Division Bench of the same Hon ble Judges on 5.2.1999 and they opined that as the third Hon ble Judge (Smt. I.P.Singh, J.) has already finally disposed of the appeal, the matter should have not been placed before the Division Bench as there is no such provision in the Code of Criminal Procedure. Thereafter again the matter was placed before Smt. I.P.Singh, J. who by the order dated 30.7.1999 returned the file on the ground that the matter has to be disposed of by the Division Bench in accordance with the opinion by her that is how the matter has been placed before us for disposal. It is to be mentioned that the two Hon ble Judges, who have delivered the judgment have since retired.