TUNTUN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been placed before the Division Bench on a reference having been made vide order dtd. 13/10/2014 by a learned single Judge of this Court as the learned single Judge has raised doubt over correctness of a decision rendered by another single Judge dtd. 19/4/2011 in CWJC No.20780 of 2010 (Baliram Singh and others vs. State of Bihar and others) and another analogous cases.

(2.) Terms of reference read as :-

(3.) In order to appreciate the question referred to by the learned single Judge, it would be apt to notice factual background in brief as disclosed in the order of reference dtd. 13/10/2014.