STATE OF BIHAR Vs. NIL

JUDGEMENT

(1.) BY order dated 08/02/2012 passed in this Death Reference with analogous cases, we had noticed some peculiar facts and formulated two questions, which have to be answered at this interlocutory stage before we could proceed with the hearing. We had requested the assistance of learned Advocate General and Sri. Ashwani Kumar Sinha, learned APP in this regard. Some learned counsels for the appellants are also present and have been heard.

(2.) THE facts which gave rise to this Court in formulating the questions to be answered in this group of cases are that sixteen persons were sentenced to death apart from a large number of persons who were sentenced to life imprisonment. As per procedure established under the Code of Criminal Procedure, after recording of evidence, all the parties were heard by the Trial Court. The arguments having concluded, the judgment was reserved and the date was fixed for delivery of judgment .

(3.) WE have heard the parties and considered the matter.