STATE OF BIHAR Vs. PINTU SONAR

JUDGEMENT

(1.) THIS death reference as also the criminal appeal have been heard together as they arise out of the same judgment. This judgment will govern both of them.. In Cr. Appeal No. 630 of 2002 the sole appellant has been convicted under sections 302 and 328 of the Indian Penal Code. He has been sentenced to death under section 302 of the Indian Penal Code but no separate sentence was passed against him under section 328 of the Indian Penal Code. This appeal is directed against the judgment and order dated 3.9.2002 passed by Shri Uday Bhanu Narayan Singh, Additional Sessions Judge, (F.T.C. No. Ill), Rohtas at Sasaram in S.T. No. 407/99/T.R. No. 204 of 2002.

(2.) JAI Ram Ram (P.W. 8) the father of the deceased had given his Fardbeyan on the basis of which the F.I.R, was drawn up. According to it while the informant was in his Loundary shop situated at Tilauthu Bazar on 12/13th June at about 7.30 P.M. his son -in -law, Gorakh Ram came and informed him that his daughter, Manju Kumari was missing from the house. Thereafter the informant along with his co -villagers started the search for his daughter. In course of search they met Mohan Yadav (P.W.1), Mannu Kahar (PW. 2) and others. They were carrying Manju Kumari, the daughter of the informant. On enquiry Manju Kumari (the deceased) disclosed that the appellant had administered her two black pills and she requested her father to rush her to Doctor to save her life. The deceased was taken to Government Hospital and thereafter to the clinic of Dr. Sashi Bhushan Prasad where on examination she was found to be dead.

(3.) FROM the judgment under appeal it appears that the learned Addl. Sessions Judge has awarded the sentence of death under section 302 of the Indian Penal Code. He, however, did not pass any separate sentence on the appellant under section 328 of the Indian Penal Code. Since the sentence of death has been passed in this case the learned Addl. Sessions Judge has submitted the proceedings of the case to the High Court in accordance with the provisions of section 366 of the Code of Criminal Procedure, 1973 (in short the Code). The matter was heard by this Bench in accordance with the provisions of section 368 of the Code which empowers the High Court either to confirm the sentence or to pass any sentence warranted by law and to annul the conviction and to convict the accused of any offence for which the court of session could have convicted him. Section 368(2) empowers the High Court to acquit the accused in a suitable case. This death reference has also been heard along with criminal appeal noted above and is being disposed of by this judgment.