The conviction requires proof beyond a reasonable doubt, with credible evidence forming a complete chain of circumstances to hold the accused responsible for the crime.

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 14-10-2025

Heard Mr. Ajay Kumar Singh, learned counsel for the appellant and Mr. Ajay Kumar Thakur, learned counsel for the respondents [in Cr. App (DB) No. 398 of 2023]; Mr. Ajay Kumar Thakur, learned counsel for the appellant, Mr. Ajay Kumar Singh, learned counsel for the informant [in Cr. App (DB) No. 266 of 2023] and Mr. Bipin Kumar, learned Additional Public Prosecutor for the State.

Cr. App (DB) No. 398 of 2023

2. This appeal has been preferred by the appellant- informant for setting aside the part of the judgment and order of acquittal dated 17.01.2023 (hereinafter referred to as the ‘impugned judgment of acquittal’) whereby and whereunder the learned Additional District and Sessions Judge IX, Kaimur at Bhabhua (hereinafter referred to as the ‘learned Trial Court’) has been pleased to acquit respondent nos. 2 to 6 of the charges under Sections 120B , 302/149, 364/149 and 201/149 of the Indian Penal Code (in short ‘IPC’) in connection with Sessions Trial No. 15 of 2021 arising out of Mohaniya P.S. Case No. 268 of 2020.

Cr. App (DB) No. 266 of 2023

3. This appeal has been preferred by the sole appellant for setting aside his conviction and sentence in the same and one trial in which Respondent Nos. 2 to 6 of Criminal Appeal (DB) No. 398 of 2023 have been acquitted. 4. The appellant/Amitabh Bachchan Bharti has been convicted for the offences under Sections 302 , 364 and 201 of the IPC and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 50,000/- and in default of payment of fine to further undergo simple imprisonment for three months for the offences under Sections 302 and 364 of the IPC and rigorous imprisonment for seven years and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo simple imprisonment for two months for the offence under Section 201 of the IPC.

Prosecution Case:

5. The prosecution case is based on the written application dated 03.09.2020 given by the informant/Nathuni Singh (P.W. 7) stating therein that his son Akhilesh Kumar Singh (deceased) as usual left his house for ‘Patna Mor’ on 02.09.2020. He did not return till late in the night. The family members searched him but failed to get any trace. They tried to contact on his mobile phone but there was no reply as the mobile phone was switched off, thus, the informant had a belief that some unknown persons had abducted his son.

6. On the basis of the aforesaid written application, Mohania P.S. Case No. 268 of 2020 dated 03.09.2020 was registered at 10:00 AM for the offences punishable under Section 365 of the IPC in which Sections 302 , 201/34 of the IPC were added later on vide order dated 09.09.2020.

7. After completion of investigation of the case, the police submitted charge-sheet being Charge-sheet No. 315 of 2020 dated 30.11.2020 against six accused persons for the offences punishable under Sections 364 , 302, 201 and 120B and 34 of the IPC. Altogether 17 witnesses were named in the Chargesheet.

8. The cognizance of the offences under Sections 364 , 302, 201 and 120B/34 of the IPC was taken on 07.12.2020. The case was triable by a Court of Sessions, therefore, the records were committed to the Court of Session.

9. Charges were read over and explained to all the chargesheeted accused who were facing trial, in Hindi to which they pleaded not guilty and claimed to be tried.

10. The prosecution examined twelve witnesses and defence has examined one witness and also exhibited some documentary evidences in course of trial. The description of prosecution witnesses and the exhibits are being mentioned hereunder in tabular form:-

List of Prosecuti