RADHEY SAHANI AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both appeals arises out of the judgment of conviction dated 25.08.1994 passed by 1st Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 20 of 1989/25/93 whereby the appellant Radhey Sahni has been convicted for the offence under section 302 of the Indian Penal Code and has been sentenced to undergo R.I. for life. The appellant in Cr. Appeal No. 470 of 1994 has been convicted under section 323 of the Indian Penal Code and sentenced to undergo R.I. for one month. The appellant Kailash Sahni has been convicted under section 324 of the Indian Penal Code and sentenced to undergo R.I. for six months whereas the appellant Raghu Sah in Cr. Appeal No. 543 of 1994 has been convicted under section 302 of the Indian Penal Code and sentenced to undergo R.I. for life.

(2.) Pursuant to the order dated 6.1.1989, Mr. Amish Kumar was appointed as Amicus Curiae to assist the court.

(3.) Mr. Amish Kumar appeared before us and at the very outset submitted that as Amicus Curiae his role is to act as appellant counsel but to assist the court as an impartial counsel in dispensation of justice. He submitted that he has gone through the paper book and on scrutiny of the material available on record he is assisting the court for disposal of the two appeals.