IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.515 of 2014

Arising Out of PS. Case No.-154 Year-2008 Thana- KATORIYA District- Banka

======================================================

Rizwan Mian Son of Aziz Mian Resident of Village - Chihutjour, Police

Station - Katoriya, district - Banka

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

======================================================

with

CRIMINAL APPEAL (DB) No. 237 of 2014

Arising Out of PS. Case No.-154 Year-2008 Thana- KATORIYA District- Banka

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Babulal Yadav Son Of Late Munsi Yadav Resident Of Village- Lakraha, P.S-

Katoriya Suiya O.P, District- Banka

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

======================================================

Appearance :

(In CRIMINAL APPEAL (DB) No. 515 of 2014)

For the Appellant/s

:

Mr. Vikramdeo Singh, Advocate

Md. Nurul Hoda, Advocate

Mr. Rajesh Kumar Sinha, Advocate

For the Respondent/s

:

Mr. Sujit Kumar Singh, APP

(In CRIMINAL APPEAL (DB) No. 237 of 2014)

For the Appellant/s

:

Mr. Vikramdeo Singh, Advocate

Md. Nurul Hoda, Advocate

Mr. Rajesh Kumar Sinha, Advocate

For the Respondent/s

:

Mr. Sujit Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY )

Date : 21-07-2023

Both the appeals have been preferred under Section

374(2) of the Code of Criminal Procedure for setting aside the

judgment and order of conviction dated 28.01.2014 and the

order of sentence dated 05.02.2014 respectively passed by the

learned Adhoc Additional Sessions Judge, Banka in Sessions

Patna High Court CR. APP (DB) No.515 of 2014 dt.21-07-2023

2/11

Trial No. 126 of 2011.

2. Both the appellants Rizwan Mian and Babulal

Yadav were found guilty and convicted by the learned trial court

for the offences punishable under Sections 302/34 and 452 of

the Indian Penal Code. Further, the appellant Rizwan Mian was

also convicted for the offences punishable under Section 27 of

the Arms Act. They were sentenced for life imprisonment under

Section 302/34 of the Indian Penal Code. They were also

awarded a fine of Rs. 10,000/- each. Further, the appellants were

sentenced for simple imprisonment of two years for the offences

punishable under Section 452 of the I.P.C. The appellant Rizwan

Mian was also sentenced for an imprisonment of three years for

the offence punishable under Section 27 of the Arms Act. In

case of non-payment of fine, the appellants had to undergo

simple imprisonment for two months. All the sentences were

directed to run concurrently. By the same judgment and order,

co-accused Naresh Yadav, Yasin Mian @ Ahsan Ansari,

Narayan Yadav, Nasir Mian and Riyasat Ansari were acquitted,

because in the opinion of the learned trial court, the prosecution

failed to prove its case against these accused persons beyond all

the shadows of reasonable doubts.

3. As per prosecution case, Shambhu Yadav (PW-7)

Patna High Court CR. APP (DB) No.515 of 2014 dt.21-07-2023

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who is son of the deceased, lodged his fardbeyan before A.S.I.

of Suiya Police Outpost on 27.09.2008 at about 6:05 a.m. near

the dead-body of his father, stating therein that in the preceding

night the informant and his family members were sleeping in

their house. His father was sleeping on a cot in the courtyard. At

midnight at about 1:30 a.m., the informant heard some unusual

sound at his roof (chappar). He noticed the presence of two

persons, who were present at the roof of his house equipped

with masket. They jumped inside the courtyard of his house and

threatened not to make hue and cry, otherwise t