GUL CHARAN BIND Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Perused the letter No. 56 dated 1.3.2013 and 131 dated 14.03.2013 received from Adhoc Additional Sessions JudgeI, Banka and Chief Judicial Magistrate, Banka respectively in the light of the orders dated 29.01.2013 and 21.02.2013.

(2.) It appears, Shambhuganj P.S. Case No. 36/08 dated 6.4.2008 for the offence under Sections 436/324, 302/34 and 307/34 was lodged against the present appellant, Dildar Bind and five others duly named in the First Information Report. Initially charge sheet was submitted against the present appellant alone, who was tried in Sessions Case No. 927 of 2008 and convicted under judgment dated 4.12.2010 on all the three counts. Having heard the convict on the point of sentence under order dated 8.12.2010 he was sentenced to undergo rigorous imprisonment for life with further direction to pay fine of Rs. 25,000/- in default to further undergo rigorous imprisonment for three years.

(3.) This appeal has been filed against the aforesaid judgment dated 4.12.2010 and order of sentence dated 8.12.2010. Before the filing of the appeal on 28.1.2011, Dildar Bind was arrested on 03.01.2011 and supplementary charge sheet was submitted against the said Dildar Bind on 04.02.2011. In the supplementary charge sheet, five absconders have also been sent up for trial. In the light of the supplementary charge sheet dated 4.2.2011 cognizance shall be deemed to have been taken not only against Dildar Bind, but also against five absconding accused. The case of Dildar Bind and five absconding accused was committed to the court of sessions under order dated 15.02.2011 vide Sessions Trail No. 157 of 2011 and is pending before the Adhoc Additional Sessions Judge-II, Banka vide Sessions Trial No. 157 of 2011.