BINOD JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appeals preferred against the common judgment and judgment of conviction and order of sentience, dated 30th April, 1991, were heard together by a Division Bench and as the Hon ble Judges, constituting the Division Bench, recorded dissenting judgments, by the order of the Hon ble the Chief Justice, these appeals have been referred under Section 392 of the Criminal Procedure Code to this Bench for disposal. Appellants Binod Jha and Bauna Pasi of Cr. Appeal No. 217 of 1991, appellant Rajeshwar Singh of Cr. Appeal No. 219 of 1991 and appellants Balmeshwar Singh and Nago Singh of Cr. Appeal No. 220 of 1991 have been convicted under Section 302/34 of the Indian Penal Code and were sentenced to undergo life imprisonment thereunder by the Additional Sessions Judge II, Barh, by order, dated 30th April, 1991, passed in Sessions Trial No. 88 of 1985.

(2.) As held in the case of Sajjan Singh V/s. State of M.P., 1998 AIR(SC) 2756 , in case of such reference under Section 392 of the Criminal Procedure Code, this Court is required to examine whole of the case independently.

(3.) At about 5.00 a.m., the Sub-Inspector of Police, Sampat Rai, PW 8, went to hospital and recorded the fardbeyan (Exhibit 1) of informant, Amerika Singh, and on that basis, Barh P.S. Case No. 214 of 1983 was registered against the appellants and the police, after due investigation, submitted charge-sheet against these appellants and Ramnandan Singh and Krishna Singh (acquitted by the trial Court) and after cognizance and commitment, the appellants were put on trial and were convicted, as aforesaid.