NAWAL KISHORE JHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Nawal Kishore Jha who has been found guilty for an offence punishable under Sections 302/34 of the IPC and has been directed to undergo RI for life as well as under Sections 307/34 of the IPC and has further been directed to undergo RI for 10 years vide judgment dated 23rd of June, 1990 passed by 1st Additional Sessions Judge, Sitamarhi in connection with Sessions Trial No. 28 of 1982, has preferred instant appeal. Tell -tale of prosecution version is as follows: - -

(2.) ON the basis of the aforesaid Fardbeyan Pupri P.S. Case No. 2/1978 was initially registered under Sections 326, 307/34 of the IPC and investigation was taken up and after concluding the same, charge -sheet was submitted under Section 302 alongwith other Sections of the Penal Code on account of death of one of the injured, Sialal Rai during course of investigation whereupon cognizance of offences was taken followed with committal of the case which ultimately concluded in a manner which happens to be the subject matter of instant appeal.

(3.) MANIFOLD argument has been advanced on behalf of the appellant while assailing the judgment of conviction and sentence recorded by the learned trial court. The first and foremost ground is that when the evidence of the PWs have been found unreliable with regard to other co -accused who were acquitted by the learned trial court itself then in that event, the same process of scrutiny of the evidence of those PWs should also have taken place so far plea of appellant is concerned. From the judgment impugned, it is evident that the learned trial court failed to scrutinize the evidence properly with regard to interest of the appellant. Then, it has been submitted that there happens to be inherent defect persisting in the prosecution case and those are: - -