IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.427 of 2014

Arising Out of PS. Case No.-15 Year-2012 Thana- AAYAR District- Bhojpur

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1.

Futehari Ram, Son of Late Lal Mohar Ram.

2.

Makuni Ram, Son of Late Lal Mohar Ram.

3.

Ramjeet Ram, Son of Sapan Ram.

All are Resident of Village - Sripur, P.S.- Ayar, District – Bhojpur.

... ... Appellants.

Versus

The State of Bihar

... ... Respondent.

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with

CRIMINAL APPEAL (DB) No. 511 of 2014

Arising Out of PS. Case No.-15 Year-2012 Thana- AAYAR District- Bhojpur

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Suresh Ram, Son of Late Butan Ram Resident of Village - Sripur, P.S. Ayar

[Jagdishpur], District – Bhojpur.

... ... Appellant.

Versus

The State of Bihar

... ... Respondent.

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Appearance :

(In CRIMINAL APPEAL (DB) No. 427 of 2014)

For the Appellants

:

Mr. Sarvadeo Singh, Advocate.

Mr. Sanjay Kumar, Advocate.

For the State

:

Dr. Mayanand Jha, A.P.P.

(In CRIMINAL APPEAL (DB) No. 511 of 2014)

For the Appellant

:

Mr. Vikram Deo Singh, Advocate.

Mr. Shankar Kumar, Advocate.

For the State

:

Dr. Mayanand Jha, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE A. M. BADAR

and

HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE A. M. BADAR)

Date : 13-07-2022

Criminal Appeal (DB) No.427 of 2014 has been filed

by original accused nos.1 to 3, namely, Futehari Ram, Makuni

Patna High Court CR. APP (DB) No.427 of 2014 dt.13-07-2022

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Ram and Ramjeet Ram respectively whereas the Criminal

Appeal (DB) No.511 of 2014 has been filed by original accused

no.4 Suresh Ram. By these appeals, they are challenging the

Judgment and Order dated 22^nd April, 2014 and 25^th April, 2014

respectively passed by the learned Adhoc Additional Sessions

Judge-I, Bhojpur, Ara, in Sessions Trial No.126 of 2013,

whereby they all came to be convicted of the offences

punishable under Sections 326 read with 34 and 307 read with

34 of the Indian Penal Code. They all are sentenced to suffer

rigorous imprisonment for life apart from a direction to pay fine

of Rs.50000/- each for the offence punishable under Section 307

read with 34 of the Indian Penal Code and in default of payment

of fine, further simple imprisonment for six months. They all

are awarded rigorous imprisonment for life for the offence

punishable under Section 326 read with 34 of the Indian Penal

Code with a direction to pay fine of Rs.50000/- each and in

default, to undergo simple imprisonment for six months.

Substantive sentences are directed to run concurrently by the

learned trial court. As both these appeals are challenging the

same Judgment and Order passed by the learned Adhoc

Additional Sessions Judge-I, Bhojpur, Ara, they are being

disposed of by this common Judgment. For the sake of

Patna High Court CR. APP (DB) No.427 of 2014 dt.13-07-2022

3/36

convenience, the appellants/accused shall be referred to in their

original capacity as “an accused”.

2. Facts in brief projected from the police report leading

to the prosecution of the accused can be summarized thus:

(a). The victim of the crime in question is first

informant/ P.W.6 Awadhesh Ram resident of village-Sripur in

Bhojpur District of Bihar. All accused persons are his co-

villagers. The first informant was having dispute with them

regarding land.

(b). According to the prosecution case, the incident

took place at 07.00 P.M. of 26.03.2012 near the field of Sup

Dayal Mahto at the outskirt of village-Sripur. First informant/

P.W.6 Awadhesh Ram, after easing himself was returning to his

house. When he was about 400 yards away from the village the

accused persons accosted him near the field of Sup Dayal

Mahto.