IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.418 of 2008

(Against the judgment of conviction and order of sentence dated 14.02.2008

passed by Additional Sessions Judge XI, Patna in Sessions Trial No. 976 of

1999)

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

Rajesh Ranjan @ Pappu Yadav, son of Sri Chandra Narayan Prasad, resident of

Court Station Road, P.S. K. Hat Purnea, district Purnea, Bihar, presently lodged at

Jail No.3, Central Jail, Tihar, New Delhi

.... .... Appellant/s

Versus

The State of Bihar through the C.B.I.

.... .... Respondent/s

With

Criminal Appeal (DB) No. 240 of 2008

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

Anil Kumar Yadav, son of Hari Yadav, resident of mohalla Moranga, police station

Moranga (K. Hat), district Purnea

.... .... Appellant/s

Versus

The State of Bihar through the C.B.I

.... .... Respondent/s

With

Criminal Appeal (DB) No. 361 of 2008

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

Rajan Tiwary, son of Vishwa Jeevan Tripathy, resident of village Sahgaura, P.S.

Gagaha in the town and district of Gorakhpur (Uttar Pradesh)

.... .... Appellant/s

Versus

The State of Bihar through the C.B.I

.... .... Respondent/s

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

Appearance :

(In CR. APP (DB) No. 418 of 2008)

For the Appellant/s : M/s. Shrikant V. Bhat, Rakesh Kumar Singh, Ravi

Sharma, Rajesh Ranjan, J. John, Ajit Kumar Ojha,

Nutan Mishra, Pandey Sanjay Sahay, Advocates.

(In CR. APP (DB) No. 240 of 2008)

For the Appellant/s : M/s. Ramakant Sharma, Sr. Advocate, Ajeet Ojha,

Nutan Mishra, Advocate.

(In CR. APP (DB) No. 361 of 2008)

For the Appellant/s : M/s. Surendra Singh, Sr. Advocate, Dr. Abhishek

Priyadarshi, Advocate

(For C.B.I. in all appeals) : M/s. Rakesh Kumar Khanna, Sr. Advocate (Additional

Solicitor General of India for C.B.I), Harsh Prabhakar,

Anando Mukherjee, Bipin Kumar Sinha (Standing

Counsel for C.B.I.), Prabhu Narayan Sharma, Sunil

Patna High Court CR. APP (DB) No.418 of 2008 dt.17-05-2013

2

Kumar Ravi, Shashi Shekhar Kumar Prasad, Advocates.

(For P.W. 9 in all appeals) : M/s. Jitendra Singh, Sr. Advocate, Soni Shrivastava,

Amit Prakash, Ravi Bhardwaj, Amit Pawan,

Advocates.

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

CORAM: HONOURABLE MR. JUSTICE V.N. SINHA

And

HONOURABLE MR. JUSTICE AMARESH KUMAR LAL

C.A.V. JUDGMENT

(Per: HONOURABLE MR. JUSTICE V.N. SINHA)

Date: 17-05-2013

V.N. Sinha, J.

These three appeals are filed against the judgment and order

dated 14.02.2008 passed by Additional Sessions Judge-XI, Patna in

Sessions Trial No. 976 of 1999 whereby the three appellants, namely,

Rajesh Ranjan @ Pappu Yadav, Anil Kumar Yadav and Rajan Tiwari

have been convicted under Section 302 read with Section 120(B),

302/34, 302/34 and 307/34 of the Indian Penal Code and Section 27 of

the Arms Act respectively and sentenced to undergo rigorous

imprisonment for life as also to pay fine of Rs.10,000/- each, in default

of payment of fine to further undergo rigorous imprisonment for one

year. Appellant Rajan Tiwary has been further directed to undergo

rigorous imprisonment for seven years each for the offence under

Sections 307/34 I.P.C. and 27 of the Arms Act. The sentences, however,

has been directed to run concurrently.

2. Prosecution case as set out in the fardbeyan, Ext. 27 of

Kalyan Chandra Sarkar, P.W. 8 recorded by Sri A.K. Jha, P.W. 56

Circle Inspector, Sadar Purnia at the residence of late Ajit Sarkar on

Patna High Court CR. APP (DB) No.418 of 2008 dt.17-05-2013

3

14.6.1998 at 17.45 hours is that informant came to the house of his

brother Ajit Sarkar in the morning between 7-8 hours, was taking stroll

outside the house of his brothe