LAKHAN RABIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) There is chequered history of this case. The sole appellant in this case was convicted for the charge under Sectipn 364/34, I.P.C. and thereby sentenced to undergo R. I. for six years, but the appellant was acquitted by the same judgment for the charge under Section 302/34, I.P.C. in S.T. No. 188 of 1987 passed by the then learned Sessions Judge, Dhanbad on 9-8-1989.

(2.) At the time of admission of the appeal before a Single Judge, a show cause notice was issued to the appellant as to why the sentence imposed on him should not be enhanced, accordingly, reply was made by the appellant. As the enhancement notice was issued, the case was referred to a Division Bench and it was heard on 19-2-1992, but the Brother Judges of the Division Bench differed in their opinion and as such by order dated 5-11-1992, the case was referred to the Chief Justice for an order under Section 392, Cr. P. C. for the case being heard by a third Judge.

(3.) It should be mentioned here that by this time, because of the inordinate delay in disposal of the appeal, the accused-appellant in the case served the sentence of six years passed by the impugned judgment of the learned Sessions Judge. Dhanbad and he has been released as is submitted by Mr. Mukhopadhyaya, advocate appearing an behalf of the accused-appellant. But, in the circumstances of the case, it is required to give a judgment on merit as the appeal remained pending and when there were difference of opinion of the two Brother Judges, one of whom had enhanced the sentence to R. I. for life.