ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA)

Date: 17-01-2018

1. Heard, Miss. Monika, learned Amicus Curiae for the appellant as well as Mr. Shiwesh Chandra Mishra, learned Additional Public Prosecutor for the State.

2. The sole appellant faced trial along with accused, Sukhu Sao @ Om Prakash Sao, Ramji Mahto, Shyam Gope and Yogendra Gope, in Sessions Trial No. 44 of 1992/ 3 of 1992 before the 6^th Additional Sessions Judge, Nalanda at Biharsharif. During pendency of the trial, accused, Shyam Gope and Yogendra Gope were declared absconder vide order dated 09.02.1993 and, accordingly, their trial was separated. Further, the appellant and accused, Sukhu Sao @ Om Prakash Sao and Ramji Mahto were convicted for the offence punishable under Section 396 of the Indian Penal Code, but on the day of pronouncement of Judgment of conviction, co-convicted Sukhu Sao @ Om Prakash Sao was absconded. As a result whereof, permanent warrant of arrest was issued against him and his case was separated. The appellant and Ramji Mahto were sentenced to undergo rigorous imprisonment for life for the offence under section 396 of the Indian Penal Code. As we have already stated that the app