UMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel appearing for the State.

(2.) The sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life and for two years for the respective offences.

(3.) This appeal arising out of judgment and order dated 17.3.1988 passed by Second Additional Sessions Judge, Samastipur in Sessions Trial No. 49/9 of 1987 was earlier heard by a Division Bench of this Court. One of the learned Judges by judgment and order dated 20.8.2008 dismissed the appeal by holding that conviction of the appellant on the basis of being last seen with the deceased required no interference. However, the other learned Judge diferred in his views and held in favour of the appellant that in the facts of the case the circumstance of last seen was also not established as there were admittedly some other persons with the deceased and the appellant and in any event, on alleged circumstance alone it was not safe to convict the appellant because it could not be said with certainty that the appellant alone had the opportunity to kill the deceased whose dead body was recovered on the next morning from an orchard in another village which according to the Investigating Officer, was situated at least half kilometer away from the village of the deceased where they were allegedly seen at a tea shop.