AMARESHWAR SAHAY, J. - (1.) IN view of the Judgment/Order of the Supreme Court dated 12.05.2001 in Criminal Appeal No. 661/2001, this Government Appeal has been heard afresh by this Court and the same is being finally disposed of by this Judgment. The Judgment/ Order of the Supreme Court reads as under: - "Leave granted. We have heard Mr. R.K. Jain, learned senior counsel appearing for the appellants and Mr. Kumar Rajesh Singh, learned counsel appearing for the State of Bihar. Our attention is drawn to the direction of the High Court in paragraph 14 of the Judgment which reads as under: - "In the result, this appeal is allowed and the judgment impugned is set aside and the matter is remitted back to the learned trial court to pass a Government Appeal No. 3 of 1992 (R) fresh judgment on the evidence already adduced by the parties after hearing them in accordance with law." Mr. R.K. Jain submits that the High Court having discussed the evidence should have made its independent assessment of the materials on record and decided the appeal on merits instead of remitting the matter to the trial court merely for passing a fresh judgment on the evidence already adduced. Mr. Jain further submits that in the facts and circumstances the judgment under challenge should be set aside and the matter remitted to the High Court for decision on merits. Learned counsel for the State fairly accepts the position that the matter should be remitted to the High Court for disposal on merits in accordance with law. In view of the agreed position which, in our view, is fair and proper in the facts and circumstances of the case, we allow this appeal, set aside the judgment under challenge and remit the matter to the High Court for disposal on merits in accordance with law after giving opportunity of hearing to the parties."
(2.) THE background of the present appeal are that the Respondent No. 1 Fahim Khan was put on trial for the charge under Section 302 of the Indian Penal Code for committing the murder by intentionally and knowingly causing the death of Sagir Hasan Siddique, whereas the respondent no. 2 Chotna @ Chottu @ Karim Khan and Respondent No. 3 Arsad Hussain @ Arsad @ Arsad Kadri (both are now dead) were put on trial for the charges under Section 302/34 of the Indian Penal Code for causing death of Sagir Hasan Siddique along with accused (respondent no. 1) Fahim Khan in furtherance of their common intention. The Trial Court, by its Judgment dated 15.06.1991, in Sessions Trial No. 122 of 1990, acquitted the accused/ respondents from all the charges holding that the prosecution failed to bring home any of the charges to any of the accused persons as leveled against them beyond all reasonable doubts. Against the said Judgment of the Trial Court, the State preferred present Government Appeal, which was registered as Government Appeal No. 3/1992. The Government Appeal was heard by a Division Bench of this Court and by Judgment dated 13.04.2000, it was allowed after setting aside the Judgment of acquittal and the matter was remitted back to the learned Trial Court to pass a fresh Judgment on the evidence already adduced by the parties after hearing them in accordance with law. Against the said Judgment of this Court, the accused/ respondents approached the Supreme Court and the Supreme Court, by its order dated 12.05.2001 in Criminal Appeal No. 661 of 2001, which has already been quoted hereinabove, set aside the Judgment passed by this Court dated 13.05.2008 and remitted the matter back to this Court for disposal on merit in accordance with law after giving opportunity of hearing to the parties. It is pursuant to this Order, both the parties were heard afresh and by this Judgment, the appeal is being disposed of finally.
(3.) IT is relevant to note that the respondent nos. 2 and 3 Chotna @ Chottu @ Karim Khan and Arsad Hussain @ Arsad @ Arsad Kadri have died during the pendency of this Government Appeal.;