PANTULAL ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been filed under Sec. -374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') against the judgment of conviction dtd. 15/12/2018 and order of sentence dtd. 18/12/2018, passed by learned Additional Sessions Judge-II-cum-Special Judge, Hajipur, Vaishali in Sessions Trial No. 288 of 2011, arising out of Bidupur P.S. Case No.48 of 2002, by which all the appellants have been convicted for the offences punishable under Sec. -364 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced to undergo imprisonment for life and a fine of Rs.20,000.00 each and in default of payment of fine, to further undergo imprisonment for 6 months.

(2.) Prosecution story, in brief, is as under:-

(3.) After filing of the F.I.R., the investigating agency carried out the investigation and during the course of investigation, the Investigating Officer recorded the statement of the witnesses and collected the relevant documents and thereafter initially filed the final report in favour of the accused. However, it is pointed out by the learned counsels that the Court directed the investigating agency to carry out further investigation and thereafter the investigating agency filed the charge-sheet against the accused. As the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions.