KAMESHWAR PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of judgment of conviction dated 06.11.2009 and order of sentence dated 09.11.2009 passed in Sessions Trial No. 54 of 2007/T. R. No. 121 of 2009 by learned 7th Additional Sessions Judge, Bhagalpur by which the appellant was convicted under Sections 148, 302/149, 364/149 and 201/149 of the Indian Penal Code (for short "IPC") and under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- under Section 302/149 of the IPC and in default of payment of fine to undergo simple imprisonment for six months; rigorous imprisonment for three years under Section 148 of the IPC; rigorous imprisonment for five years and to pay a fine of Rs.2000/- and in default of payment of fine to undergo simple imprisonment for three months under Section 364/149 of the IPC; rigorous imprisonment for five years and to pay a fine of Rs.2000/- and in default of payment of fine to undergo simple imprisonment for three months under Section 201/149 of the IPC; rigorous imprisonment for three years and to pay a fine of Rs.2000/- and in default of payment of fine to undergo simple imprisonment for three months under Section 27 of the Arms Act. The substantive sentences of imprisonment were directed to run concurrently.

(2.) This appeal had been heard by a Division Bench [Coram: Dharnidhar Jha, J. and Ahsanuddin Amanullah, J.], but the learned Judges were divided in their opinion expressed in the judgment dated 03.09.2015 on the result of the appeal. Hence, the learned Judges, vide their order dated 03.09.2015, referred the matter before the Hon'ble the Chief Justice for passing necessary orders. The matter has, thus, been referred to this Bench in terms of Section 392 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") and that is how this Bench has been called upon to decide, determine and adjudicate the appeal as mandated by Section 392 of the Cr.P.C.

(3.) After hearing the parties and appreciating the evidence adduced during trial, vide judgment dated 03.09.2015, in the opinion of Justice Dharnidhar Jha (as he then was), the prosecution had failed to prove its charges and, hence, he had set aside the judgment of conviction passed by the trial court and directed the release of the appellant whereas learned brother Ahsanuddin Amanullah, J., differed with his opinion. According to him, no ground was made out for interfering in the judgment of conviction and order of sentence against the appellant and, thus, he dismissed the appeal holding the same to be devoid of any merit.