IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.53 of 2015

Arising Out of PS. Case No.-16 Year-2004 Thana- SAHPUR District- Bhojpur

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1.

Rama Shankar Gond, Son of Late Doma Gond

2.

Tejan Gond, Son of Shivji Gond

3.

Manu Gond, Son of Enar Gond

4.

Upendra Gond, Son of Enar Gond

5.

Santosh Gond, Son of Rama Shankar Gond

6.

Mohan Gond, Son of Rama Shankar Gond

7.

Siya Ram Gond, Son of Late Doma Gond

8.

Kishun Gond@ Ram Kishun Gond Son of Ram Surat Gond

All are Resident of Vill-Jawaenian, P.S-Shahpur, Distt.-Bhojpur

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance :

For the Appellants

:

Mr. Ravindra Kumar, Advocate

For the State

:

Mr. Sujit Kumar Singh, APP

For the Informant

:

Mr. Bimal Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH)

Date : 23-01-2023

We consider it apt to take note of certain facts which

are essential for adjudicating upon the core issue involved in the

present appeal filed under Section 374(2) of the Code of

Criminal Procedure 1973 (CrPC in short).

2. Shahpur P.S. Case No. 16 of 2004 was registered on

08.02.2004 naming 12 persons as accused including these

Patna High Court CR. APP (DB) No.53 of 2015 dt.23-01-2023

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appellants, alleging commission of the offences punishable

under Sections 147, 148, 149, 323, 324, 307 and 302 of the

Indian Penal Code and Section 27 of the Arms Act. We are not

entering into the nature of accusation in view of the nature of

order which we are going to pass in the present appeal, in the

peculiar facts and circumstances of the case.

3. It is manifest from the records that initially, after

the investigation, the Investigating Officer had submitted

charge-sheet against six persons, namely, Rama Shankar Gond

(Appellant No. 1), Mohan Gond (Appellant No. 6), Santosh

Gond (Appellant No. 4), Tejan Gond (Appellant No. 2), Baban

Gond, Upendra Gond (Appellant No. 4) for commission of the

offences punishable under Sections 147, 148, 149, 323, 324, 307

and 302 of the I.P.C. and Section 27 of the Arms Act and kept

the investigation against rest of the accused pending. Thereafter,

a supplementary charge-sheet was filed against two persons

named in the F.I.R., namely, Manu Gond (Appellant No. 3) and

Kishun Gond (Appellant No. 8) for the offences punishable

under Sections 147, 148, 149, 323, 324, 307 and 302 of the

I.P.C. and Section 27 of the Arms Act. Based on both the

charge-sheet and the case diary, the learned Chief Judicial

Magistrate, Bhojpur at Ara took cognizance of the offences

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against the aforesaid accused persons. The case was committed

to the court of Sessions after separating the case of the

absconding accused persons, namely, Manu Gond (Appellant

No. 3) and Kishun Gond (Appellant No. 8). After receiving the

case records on commitment, the learned Sessions Judge

transferred the case records to the file of learned 3^rd Additional

Sessions Judge for trial and disposal. Subsequently, the case of

the absconding accused persons was also committed to the court

of Sessions and two separate sessions records, namely, Sessions

Appeal No. 385A of 2004 and Sessions Trial No. 43 of 2008

were maintained. Sessions Trial No. 43 of 2008 was

amalgamated in Sessions Trial No. 385A of 2004 vide order

dated 09.05.2008 and the split up case record i.e. Sessions Trial

No. 385A of 2004 has been amalgamated in original case record

i.e. Sessions Trial No. 385 of 2004 vide an order dated

19.05.2010. The appellants have put to challenge in the present

appeal, the judgment a