ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA)

Date : 03-05-2018

1. Both the above stated criminal appeals have been filed against Judgment of conviction and sentence order dated 27.03.1995 passed by learned Sessions Judge, Madhubani in Session Trial No. 241 of 1993, by which and whereunder, he convicted the appellants for the offence punishable under Section 396 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and, accordingly, a conman judgment is being passed in both the above stated criminal appeals.

2. A Dacoity was committed in the house of informant and others in the night of 02.10.1992 and in that course, the Dacoits committed murder of two persons. P.W.9, Shrichandra Jha, got recorded his Fradbeyan on 03.10.1992, at about 4 a.m. at Basopatti Hospital to this effect that, in the evening of 01.10.1992, he had gone to his village to attained the Barkhi of his aunt and in previous night at about 9.30 p.m., he along with his son Mukesh Kumar Jha, his uncle Bhuneshwar Jha, his cousin brother Jai Chandra Jha and two younger children were sleeping in his Baithka and at about 2 a.m., he woke up and saw two to three persons standing n