STATE OF BIHAR Vs. KRISHNA SINGH

JUDGEMENT

(1.) DEATH Reference No. 1 of 2001 arises out of judgment recorded in Sessions Trial No. 211 of 1998/8 of 2000 by the Second Additional Sessions Judge, Aurangabad, in which the condemned prisoner along with twelve other accused was tried, and he was convicted under Section 302 of the Indian Penal Code (hereinafter referred to as the 'Penal Code') and under Section 17 of the Criminal Law Amendment Act and was sentenced to be hanged till death for offence under Section 302 of the Penal Code, as well to undergo simple imprisonment for six months under Section 17 of the Criminal Law Amendment Act.

(2.) THIS Krishna Singh and other convict Suresh Singh had filed Criminal Appeal No. 139 of 2001 separately and rest of the accused filed another appeal (Criminal Appeal No. 61 of 2001), which all have been heard together and this judgment will govern the Death Reference as well the aforesaid two appeals.

(3.) THE defence of the appellants in course of trial, was complete denial of their complicity in any such occurrence.