THE STATE OF BIHAR Vs. ONKAR NATH SINGH

JUDGEMENT

(1.) On account of having been sentenced to capital punishment vide judgment of conviction dated 12.05.2016, order of sentence dated 16.05.2016 passed by Sessions Judge, Buxar in Sessions Trial No.65 of 2015, Death Reference No.3 of 2016 has been drawn up in terms of Sec. 366 of Cr.P.C as well as having the judgment challenged at the instance of convict/appellant, Cr. Appeal (DB) No.587 of 2016 has also been drawn up.

(2.) Before coming to main issue, salient feature of the present appeal is to be perceived at a first instance. Harden miscreants advanced their illegal demand from the local businessman including that of deceased who was proprietor of Bhojpur Chuna Bhandar and as he resisted, on account thereof, was murdered broad day in dared devil manner while he was at his business establishment which happens to be in the ground floor of his residential complex by way of indiscriminate firing and for that, Buxar Town P.S. Case No.231 of 2011 was instituted wherein, appellant along with Chandan Mishra, Chotu Mishra, Dinbandhu Singh were identified as an accused against whom, charge sheet was submitted and accordingly, Sessions Trial no.244/2011 taken up. While the aforesaid session trial was going on, appellant who was under custody again acted in similar manner and after shooting the police constable within court premises, he escaped whereupon his trial was separated. Subsequently thereof, after apprehension of the appellant, the separated trial proceeded against him and met with ultimate result, subject matter of above referred death reference as well as criminal appeal.

(3.) Because of the fact that escape of appellant was at fag end of Original Session Trial No.244 of 2011 on account thereof, Cr. Appeal (DB) No.1000 of 2013, Cr. Appeal (DB) No.1068 of 2013, Cr. Appeal (DB) No.17 of 2014 filed on behalf of other co- accused/convicts were taken up conjointly and as soon as hearing in the remaining criminal appeal concluded, I.A. No.1804 of 2016 has been filed on behalf of appellant claiming himself to be juvenile showing his date of birth as 19.12.1995 containing (Annexure-1 Series) certificate granted by Ucchatar Madhyamik Shiksha Mandal, Delhi, Admit Card relating thereto.