SHIV KUMAR AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise from the judgment of conviction and order of sentence dated 26th of Aug., 1992 as passed by the Additional Sessions Judge VIII, Patna in Sessions Trial No 237 of 1986 whereby the two appellants of the two appeals have been convicted for offence under Sections 302/34 of Indian Penal Code (IPC) and sentenced to rigorous imprisonment for life.

(2.) Let it be noted that when the appeal was called for For Hearing, learned counsel appeared in relation to Criminal Appeal No 347 of 1992 and no one appeared for appellant Ganesh Upadhyay, the appellant in Criminal Appeal No 397 of 1992. In view of the order that we propose to pass, it is not necessary for us to appoint any amicus curiae in respect of the second appellant that is Ganesh Upadhyay for we are of the view that both the appellants have been wrongly convicted and the appeals are to be allowed.

(3.) We have heard the learned counsel for the appellant and Shri Ajay Mishra, learned Additional Public Prosecutor (APP) at length and perused the records.