HARENDRA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Harendra Sah and Laxmi Kant Jha who have been found guilty for an offence punishable under Sections 396, while appellant Harendra Sah has further been convicted under Section 412 of the IPC vide judgment dated 27.06.1990 and each of them have been sentenced to undergo imprisonment for life under Section 396 of the IPC having no separate sentence under Section 412 of the IPC by the learned Session Judge, Muzaffarpur in Sessions Trial No.22/85 have independently preferred these two appeals.

(2.) WITH the consent of the parties both the above referred criminal appeals have been heard together and are being disposed of by a common judgment.

(3.) ON the basis of the aforesaid Fardbeyan, a substantive case was instituted followed with investigation. After completing the investigation charge-sheet was submitted against so many persons out of whom case of one of the accused Rajendra was stayed by the High Court and on account thereof his trial was separated. Ultimately, the trial proceeded against eleven accused persons out of whom nine have already been acquitted by the trial court while recording conviction of guilt against these two appellants only, the subject matter of instant appeals.