RAMJEE PRASAD KAMKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) As learned counsel appearing for the appellants/accused has failed to appear when this matter was taken on Board for final hearing, therefore, this Court appointed Mr. Abhas Chandra, learned Advocate, present in Court, as an Amicus Curiae to assist the Court in disposal of the appeal.

(2.) At the very outset, learned Amicus Curiae informs that the appellant no. 1 namely, Ramjee Prasad Kamkar alias Ramjee Singh and the appellant no.2 namely, Upendra kumar Kamkar alias Upendra Singh, of Cr. Appeal (SJ) No. 369 of 2004 had died during the pendency of the present appeal and the Appeal against them stood abated vide order dtd. 19/2/2025.

(3.) The appellants have preferred the memo of Appeals under sub-sec. 2 of Sec. 374 of Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) for setting aside the Judgment of Conviction dtd. 8/5/2004 (hereinafter referred to as impugned Judgment); and Order of Sentence dtd. 11/5/2004 (hereinafter referred to as impugned Order) passed by the then learned Additional Sessions Judge (Fast Track Court)- IVth Bhojpur, Ara (hereinafter referred to as the learned Trial Court) in Sessions Trial Number 497 of 1998 arising out of Bihia Police Station Case Number 159 of 1997, whereby the trial court has convicted the appellants Saraswati Devi and Jitendra Prasad Kamkar under Ss. 366A and 120B of the Indian Penal Code, 1860 (in short IPC); and ordered to undergo Rigorous Imprisonment for a period of Seven (7) years for the offence under Ss. 366-A and 120B and further appellants Jitendra Prasad Kamkar was sentenced to undergo R.I. for seven years under Sec. 376 IPC. All the sentences were directed to run concurrently.