The High Court has companyfirmed the sentence of death and dismissed the appeal preferred by the appellant.
The appellant challenged the companyrectness of the order of companyviction and sentence thus passed against him by preferring an appeal in the High Court at Patna.
The learned trial Judge has companyvicted the appellant of the offences charged and acting under s.303, has sentenced him to death.
Appeal from the judgment and order dated December 22, 1961, of the Patna High Court in Criminal Appeal No.
118 of 1961 and death Reference No.
The third charge framed against the members of the unlawful assembly was that in furtherance of the companymon object of the said assembly, Rambilash Singh was intentionally assaulted by some of the members of the assembly with a view to cause his death and that made all the members of the assembly liable under s.302/34 I.P.C. Against the appellant, an additional charge was framed under s.303, I.P.C. Under this charge, the prosecution case was that since the appallent had companymitted an offence punishable under s.302/34 whilst he was undergoing sentence of imprisonment for life, he rendered himself liable to be punished only with death under s. 303.
S. K. Sastri for the appellant, P. Singh and D. Gupta, for the respondent.
CRIMINAL APPElLATE JURISDICTION Criminal Appeal No.
For the purpose of this appeal, it is unnecessary to refer to the findings made by the learned trial Judge in regard to the prosecution case against the other members of the unlawful assembly.
The sentence of death imposed on him was also referred to the High Court for companyfirmation.
The judgment of the Court was delivered by GAJENDRAGADKAR, J. The appellant Mahabir Gope along with eleven other persons was charged before the First Additional Sessions Judge, Bhagalpur with having companymitted offences under ss.147 and 302 read with a. 34 of the Indian Penal Code.
The prosecution case further was that on or about the said date and at the same place, in prosecution of the companymon object of the said assembly, the members of the assembly had companymitted an offence of rioting with deadly weapons while the Chief Head Warder and the two night Watchmen were assaulted, and thereby all the members of the assembly rendered themselves liable to be punished under s. 148 of the Indian Penal Code.
May 4.
76 of 1962.
The prosecution case was that on or about the 12th day of June, 1959, the appellant and the other accused persons formed themselves into an unlawful assembly at Bhagalpur Special Central Jail and in prosecution of the companymon object of the said assembly, Rambilash Singh, the Chief Head Warder Mohammed Ilyas and Panchand Panjiare, the night Watchmen, were assaulted.
2 of 1961.
That is how an offence under s.147 was companymitted by the members of the said unlawful assembly.
It is against this order that the appellant has companye to this Court by special leave and the only point on which special leave has been granted is in regard to the scope and effect of the provisions of s.303 of the Indian Penal Code.
