JANAK SARDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Mukherjee, counsel for the petitioner and Mr. Mehta, the APP representing the State.

(2.) The two petitioners are accused in Singheshwar P.S. Case No. 55(5)/1981 (GR Case No. 292 of 1981) under Section 396 of the Penal Code. The offence was committed on 6.5.1981. The FIR was against unknown but the charge-sheet was submitted in the year 1981 itself in which the petitioner was shown as one of the absconding accused. Since the petitioners could not be apprehended readily, the cases of the other accused were separated, giving rise to Sessions Trial Nos. 21, 22, 23 and 24 of 1983. It appears that all those trials were amalgamated and were finally disposed of by judgment and order, dated 5.4.1989 by the 2nd Addl. Sessions Judge, Madhepura. From the judgment of the trial Court it appears that there were one accused each in S.T. Nos. 21, 23 and 24 and two accused in S.T. No. 22 of 1983. By that judgment three accused, namely, Upendra Yadav, Jagdish Gareri and Kamleshwari Mushari were convicted under Section 396 and sentenced to imprisonment for life. The other two accused were acquitted by the judgment.

(3.) Against the judgment and order passed by the trial Court in the aforesaid trials, Cr. Appeal No. 250 of 1989 has been filed on behalf of the three appellants, namely, Jagdish Gareri, Upendra Yadav and Kamleshwari Mushari. The appeal was admitted by order, dated 7.6.1989 and the appellants were directed to be released on bail. Since then it remains pending for hearing. In connection with the appeal the entire trial Court records, including the police papers have been received in this Court.