AMAR NATH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts of a case may stir emotion of a Court. Nevertheless, duty of the Court is to marshal evidence dispassionately and determine, in the face of the materials brought on record, as to whether any offence is proved to have been committed and, then, decide if the person, accused of having committed an offence, has been proved, beyond reasonable doubt, guilty of the offence, which he is alleged to have committed.

(2.) THE rudimentary principle, indicated above, appears to have escaped the notice of the learned trial Court, in the present appeals, which have arisen out of the judgment, dated 30th April, 2009, passed, in Sessions Trial No. 659 of 2007/06 of 2009, by the learned Additional Sessions Judge VIII, Patna, convicting the two accused -appellants, namely, Amarnath Jha (A -1) and Basudeo Yadav (A -2) under Sections 364A, 302, 201 and 120B of the Indian Penal Code and, in consequence of their conviction under Section 364A of the Indian Penal Code, both the accused -appellants have been, under the impugned order, dated 05.05.2009, sentenced to suffer imprisonment for life with fine of Rs. 25,000/ - each and, in default of payment of fine, suffer rigorous imprisonment for a period of three months and to also suffer, in consequence of their conviction under Section 302 of the Indian Penal Code, imprisonment for life. The two accused -appellants stand further sentenced, for their conviction under Section 201 of the Indian Penal Code, to suffer rigorous imprisonment for a period of 7 (seven) years. In addition thereto, the two appellants herein stand sentenced to undergo, for their conviction under Section 120B of the Indian Penal Code, rigorous imprisonment for a period of 10 (ten) years. All the sentences have been directed to run concurrently.

(3.) AT the trial, when charges, under Sections 364A, 302, 201 and 120B of the Indian Penal Code, were framed against the two appellants, both of them pleaded not guilty thereto.