Back
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.466 of 2012 (Against the judgment of conviction dated 21.02.2012 and sentence dated 22.02.2012 passed in Sessions Trial No. 255 of 2010 / 49 of 2011 by the learned Additional District and Sessions Judge, F.T.C.-I, Aurangabad, arising out of Barun P.S. Case No. 134 of 2009).
Arising out of Barun PS.Case No. 134 Year- 2009 Thana -Barun District- AURANGABAD ===========================================================
Shiv Nath Paswan S/o Late Udit Paswan, resident of Village- Tenduni, P.S- Mali, District- Aurangabad. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with ===========================================================
Criminal Appeal (DB) No. 260 of 2012 Arising out of Barun PS.Case No. 134 Year- 2009 Thana -Barun District- AURANGABAD =========================================================== Gani Singh son of Lakhan Singh, resident of village-Habaspur, Police Station-
Barun, District-Aurangabad .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with ===========================================================
Criminal Appeal (DB) No. 295 of 2012 Arising out of Barun PS.Case No. -134 Year- 2009 Thana -Barun District- AURANGABAD ===========================================================
Ajay Paswan @ Tirwan Paswan S/o Kapil Paswan R/o Vill-Sheikhpura, P.S.Kutumba, Distt-Aurangabad .... .... Appellant/s Versus The State Of Bihar .... .... Respondent/s with ===========================================================
Criminal Appeal (DB) No. 381 of 2012
Arising Out of Barun PS.Case No. -134 Year- 2009 Thana -Barun District- AURANGABAD
===========================================================
Satendra Paswan S/o Rameshwar Paswan R/o Village - Shori, Police Station - Mali,
District - Aurangabad ( Bihar )
.... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with ===========================================================
Criminal Appeal (DB) No. 411 of 2012 Arising out of Barun PS.Case No. -134 Year- 2009 Thana -Barun District- AURANGABAD ===========================================================
Jai Ishwar Paswan, son of Late Ram Chandra Paswan, resident of village-Baranda, P.S. Dhibra, District-Aurangabad .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with ===========================================================
Criminal Appeal (DB) No. 415 of 2012 Arising out of Barun PS.Case No. -134 Year- 2009 Thana -Barun District- AURANGABAD ===========================================================
Saroj Pawan @ Saroj Kumar Paswan S/o Kaweshwar Paswan R/o Village-Mali, P.S.-Mali, Distt-Aurangabad .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with ===========================================================
Criminal Appeal (DB) No. 423 of 2012 Arising out of Barun PS.Case No. -134 Year- 2009 Thana -Barun District- AURANGABAD ===========================================================
Shashi Kumar Chandrawanshi S/o Praduman Singh Resident of Village- Makhra, P.S- Jamhor, Distt- Aurangabad.
.... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with ===========================================================
Criminal Appeal (DB) No. 474 of 2012
Arising out of Barun PS.Case No. -134 Year- 2009 Thana - Barun District- AURANGABAD
===========================================================
Akhilesh Thakur S/o Fudheshwar Thakur, resident of Village- Maghiyawa, P.S.-
Nabinagar, Distt- Aurangabad.
.... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with ===========================================================
Criminal Appeal (DB) No. 493 of 2012 Arising Out of Barun PS.Case No. -134 Year- 2009 Thana -Barun District- AURANGABAD ===========================================================
Kashmir Paswan S/o Binay Kumar Paswan, resident of Village- Chankar Kasturi, P.S.- Hussainabad, District- Palamu (Jharkhand)
.... .... Appellant/s Versus The State of Bihar .... .... Respondent/s with ===========================================================
Criminal Appeal (DB) No. 494 of 2012 Arising Out of Barun PS.Case No. -134 Year- 2009 Thana -Barun District- AURANGABAD =========================================================== Ramashish Paswan S/o Naresh Paswan, resident of Village + P.S.- Mali, Distt.-
Aurangabad.
.... .... Appellant/s Versus The State of Bihar .... .... Respondent/s ===========================================================
Appearance:
(In CR. APP (DB) No.466 of 2012)
For the Appellant/s : Mr. Amrendra Kumar Singh, Advocate For the Respondent/s : Mr. Shivesh Chandra Mishra (APP)
Mr. Ajay Mishra, APP (In CR. APP (DB) No.260 of 2012)
For the Appellant/s : Mr. Ansul, Advocate Mr. Rampravesh Nath Tiwari, Advocate For the Respondent/s : Mr. Mr. Shivesh Chandra Mishra (APP)
Mr. Ajay Mishra, APP (In CR. APP (DB) No.295 of 2012)
For the Appellant/s : Mr. Ansul, Advocate Mr. Rampravesh Nath Tiwari, Advocate For the Respondent/s : Mr. Ajay Mishra (APP)
(In CR. APP (DB) No.381 of 2012)
For the Appellant/s : Mr. Vikram Deo Singh, Advocate Mr. Sada Nand Roy, Advocate For the Respondent/s : Mr. D.K. Sinha (APP)
(In CR. APP (DB) No.411 of 2012)
For the Appellant/s : Mr. Amrendra Kumar Singh, Advocate For the Respondent/s : Mr. A.K. Sinha (APP)
(In CR. APP (DB) No.415 of 2012)
For the Appellant/s : Mr. Varun Kumar Trivedi, Advocate Miss Divya Verma, Amicus Curiae For the Respondent/s : Mr. S. Azeem (A.P.P.)
(In CR. APP (DB) No.423 of 2012)
For the Appellant/s : Mr. Ravindra Kumar, Advocate For the Respondent/s : Mr. A. Sharma (APP)
(In CR. APP (DB) No.474 of 2012)
For the Appellant/s : Mr. Vikram Deo Singh, Advocate Mr. Sunil Kumar Dubey, Advocate For the Respondent/s : Mr. S.B. Verma (APP)
(In CR. APP (DB) No.493 of 2012)
For the Appellant/s : Mr. Vikram Deo Singh, Advocate Mr. Sunil Kumar Dubey, Advocate For the Respondent/s : Mr. Mr. D.K. Sinha (APP)
(In CR. APP (DB) No.494 of 2012)
For the Appellant/s : Mr. Ravindra Kumar, Advocate For the Respondent/s : Mr. Abhimanyu Sharma (APP)
===========================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
C.A.V. JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date: 18-12-2017
The present appeals were preferred against the judgment of conviction and sentence dated 21.02.2012 and 22.02.2012 respectively passed in Sessions Trial No. 255 of 2010 / 49 of 2011 by the learned Additional District and Sessions Judge, F.T.C.-I, Aurangabad, arising out of Barun P.S. Case No. 134 of 2009.
2. Since the aforesaid 10 appeals arise out of the same Sessions Trial No. 255 of 2010 / 49 of 2011 as well as out of the common impugned judgment of conviction and sentence dated 21.02.2012 and 22.02.2012 respectively, the same have been heard together and are being disposed off by the present common judgment.
3. All the appellants of the aforesaid appeals except the appellant Gani Singh (in Criminal Appeal (DB) No. 260 of 2012), have been held guilty for the offences punishable under Section 364A/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and have been imposed fine of Rs. 5,000/- (rupees five thousand) each and in default thereof the accused appellants have been directed to undergo imprisonment of one month each separately. The appellant Gani Singh has been held guilty for the offence punishable under Section 120(B) of the Indian Penal code and sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 5,000/- (rupees five thousand) and in default thereof he has been directed to undergo one month imprisonment.
4. The short facts of the case are on the basis of the fardbeyan of the informant, namely, Jagat Kumar Gupta, recorded by Sub- Inspector of Police Ram Sidheshwar Ajad, Officer In-Charge of Barun Police Station on 20.06.2009 at 9:30 in the night at G.T. Road N.H. 2, Siris Chatti, Barun P.S. Case No. 134 of 2009 was registered under Section 364A/34 of the Indian Penal Code, against unknown accused persons travelling on Marshal bearing Registration No. UP65Y-4583. The case of the informant, namely, Jagat Kumar Gupta is that his father had retired from the Armed Forces Service in the year 1989 and has got nine bighas land as well as they are three brothers out of whom the informant is the eldest and since 15 years he is staying in the State of Chhatisgarh where he has constructed a house and is running a Kirana shop for livelihood. The informant has further stated that his brother, namely, Raju Kumar Gupta aged about 28 years runs a hardware shop from his house situated at Charan More and the youngest brother of the informant, namely, Rajesh Kumar Gupta aged about 25 years is studying in ITI. It has been stated by the informant that about one week ago when he had come to his house to meet his mother and father, his brother Raju Gupta, on the morning of 20.06.2009, like any other day, went to his shop situated at Charan More while the other two brothers were at their home. At about 7:36 P.M. the younger brother of the informant Rajesh Kumar got a call on his mobile no. 9097160653 from his middle brother, namely, Raju Gupta’s mobile no. 9934783270, who was perplexed and was speaking in a fearsome tone amongst lot of people and was saying that he was going to Aurangabad and then he disconnected the phone. The informant and others became perplexed and came out of the house and moved towards the shop situated near the road and on the way met Sudama Sao (P.W. 3) and Dukhan Sao (P.W. 20) as well as Samarjeet Singh (P.W. 4), who were coming running and said that just now i.e. at 7:30 P.M. one golden colour Marshal Jeep bearing registration no. UP65Y-4583 had come there on which many people were sitting and they on pistol point had made Raju Gupta sit in the Marshal Jeep and when they had tried to resist, they were shown pistol and were told to run away otherwise they would be shot, whereafter they had come here running. It was told that the said people had gone towards Aurangabad. The police administration was informed and the informant by his mobile no. 9937469307 had rang Raju Gupta on his mobile
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
