RAJESHWAR PODDAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Amicus Curiae Ms. Surya Nilambari Advocate for the appellant as well as learned Additional Public Prosecutor Mr. Dilip Kumar Sinha appearing for the State and perused the record along with lower court records.

(2.) This criminal appeal has been preferred against impugned judgment of conviction and sentence order dated 26.05.1995 passed by learned Ist Additional Sessions Judge, Saharsa (hereinafter referred to as trial court) in Sessions Trial No. 5 of 1984 by which and whereunder he convicted the sole appellant for the offences punishable under Sections 302 and 201 of the Indian Penal Code and, accordingly, sentenced him to undergo rigorous imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code, but no separate sentence was awarded to appellant for the offence punishable under Section 201 of the Indian Penal Code.

(3.) It is pertinent to note here that altogether five persons including appellant faced trial in the above stated Sessions Trial No. 5 of 1984, but four persons were acquitted of the charges framed against them for the offences punishable under Sections 302/149 and 201/149 of the Indian Penal Code by the same impugned judgment.