LAWS(PAT)-2018-12-35

AMARNATH YADAV Vs. STATE OF BIHAR

Decided On December 14, 2018
AMARNATH YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) There was commission of dacoity by the unknown dacoits in the house of Chakradhar Choubey along with Umesh Chandra Mishra, Satrughan Mishra and Jagdish Dubey for that, on the fardbeyan of Chakradhar Choubey, Bausi P.S. Case No.54/2000 was registered against unknown. During course of investigation, as is evident charge sheet was submitted against accused Guddu Sah @ Manish Sah, Amar Nath Yadav, Awani Kant Jha, Niroj Kumar Mishra, Yaswant Chaudhary at first instance, keeping the investigation pending against others whereupon, the case was committed and Sessions Trial No.1590/2004 commenced, proceeded upon and by the judgment impugned others have been acquitted while appellant Amar Nath Jha (Criminal Appeal (SJ) No.134 of 2009) has been convicted and sentenced for.

(2.) On account of filing of supplementary charge sheet against sole Manish Sah @ Guddu Sah, the case was committed and Sessions Trial No.1590A/2004 has been drawn up, sailed and by the judgment impugned Manish Sah @ Guddu Sah (Criminal Appeal (SJ) No.145 of 2009) has been held guilty whereupon, senenced.

(3.) That being so, it is apparent that though both sessions trial sailed independently but, relates with same occurrence and that being so, both the appeals are being decided by a common judgment but, dealing with with the case of both the appellants independently for the convenient sake.