LAWS(PAT)-2014-3-100

ARJUN RAJAK Vs. STATE OF BIHAR AND ORS

Decided On March 06, 2014
Arjun Rajak Appellant
V/S
STATE OF BIHAR AND ORS Respondents

JUDGEMENT

(1.) None appears today also on behalf of the appellants. The Court has requested Sri Neeraj Kumar Sanidh who is present in Court room to assist it as Amicus Curiae.

(2.) The present appeal arises out of the judgment of conviction dated 14.08.2000 by which the learned 1st Additional Sessions Judge, Munger held the present appellant, Arjun Rajak as also Jagdish Rajak, Dularchandra Rajak, Sahadeo Rajak and Dilip Rajak guilty of committing offence under Section 323 of the Indian Penal Code. It may be pertinent to note that the present appellant along with the above named four others had been put on trial by the learned Judge by being charged with commission of offences under Sections 307/149, 448, 323 of the Indian Penal Code. The appellant and other accused persons were acquitted of all the charges except that of under Section 323 of the Indian Penal Code. After hearing the convicted persons under Section 235 of the Code of Criminal Procedure, the learned Judge directed each of them to execute a bond of being good conduct in the sum of Rs. 5,000/- with two sureties of the like amount each for a period of one year or else to appear to receive sentence if they were found wanting on good conduct and behaviour as well.

(3.) Except the present appellant Arjun Rajak, the other four convicts did not prefer any appeal. As such, a preliminary objection was agitated by the learned Amicus Curiae as to whether this Court should also examine the vires of the judgment in absence of an appeal filed by convicts other than the present appellant. I propose to answer the issue at the right place.