SARAN AT CHAPRA Vs. CHINI SAH

JUDGEMENT

(1.) DEATH Reference No. 6 of 2000 and Cr. Appeal No. 515 of 2000 both arise out of the same judgment and order of conviction and sentence passed by the Additional Sessions Judge XII, Saran at Chapra in Sessions Trial No. 318 of 1993. By the impugned Judgment and Order, the learned Additional Sessions Judge has convicted and sentenced the accused Chini Sah (appellant in Cr. Appeal No. 515 of 2000) under Sections 302, 201 I.P.C. and ordered him to be hanged by neck till he is dead, subject to confirmation of the sentence by the High Court. Therefore, the Death Reference No. 6 of 2000 and Cr. Appeal No. 515 of 2000 are disposed of by this common judgment.

(2.) EARLIER the aforesaid Death Reference and Cr. Appeal were heard by another Bench of this Court and by the order dated 24th May, 2002 the case was remanded to the trial court with a direction to hold an enquiry and to record additional evidence on the point of insanity of the appellant at the time of alleged commission of the offence and his capacity to defend himself during trial. Thereafter on 23.9.2002, the learned Additional Sessions Judge issued letter to the Jail Superintendent and Civil Surgeon, Chapra for submitting medical report after constituting Medical Board for examination of the accused on the point of insanity. During enquiry, Dr. Jai Prakash Singh (P.W. 8), Gautam Manjhi (P.W. 9), Dr. Krishna Mohan Singh (P.W. 10), Dr. Umesh Sharma (P.W. 11), Dr. Parmeshwar Pandey (P.W. 12) and Dr. H.N. Banerjee (P.W. 13) were examined by the court below. The report of the Medical Board is Ext. 7.

(3.) THE defence of the accused is that he had developed the tendency of lunacy since 2 -3 months before the occurrence.