LAL MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appeal arises out of judgment of conviction dated 29.7.1995 passed by 12th Additional Sessions Judge, Patna in Sessions Trial No. 200 of 1989 whereby the learned Additional Sessions Judge has convicted all the three appellants for the offence under sections 302/34 and appellant in (Cr. Appeal No. 247 of 1995) has been further convicted for offence under section 27 of the Arms Act and vide order of sentence dated 12.8.1995 the appellants have been sentenced to undergo RI for life for offence under section 302/34 and sole appellant in (Cr. Appeal No. 247 of 1995) has been further sentenced to undergo three years for the offence under section 27 of the Arms Act. However, both the sentences against him was directed to run concurrently.

(2.) Mr. Promod Kumar Singh, learned counsel appearing in Cr. Appeal No. 228 of 1995 submitted that the trial court has convicted the appellants against the basic norms of criminal jurisprudence notwithstanding the fact that the evidence available on the record does not prove the case against the appellants beyond all reasonable doubt. He submits that in the instant case the specific allegation of murder of deceased was against Paras Singh who has been declared as absconder in this case, all appellants are quite innocent. Neither there is any eye-witnesses to the occurrence nor there is any over act alleged against the appellant of Cr. Appeal No. 228 of 1995.

(3.) Mr. Singh submitted that the occurrence took place allegedly on 24.2.1988 and after seven years of protracted the trial court convicted the appellants without any evidence indicating complicity of the appellants.