Advocates:
['Jawed Ahmad', '', 'Nafisuzzoha', 'Prateek Tandon', 'Sheo Jee Mishra', 'Prakash Mahto', 'Javed Aslam', 'Anuj Kumar', 'G P JAISWAL APP', '', 'Prince Kumar Mishra A C', 'Dilip kumar Sinha']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.437 of 2014

Arising Out of PS. Case No.-65 Year-2011 Thana- SANGRAMPUR District- East

Champaran

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

Sonu Akhtar Khan Son of Sabir Akhtar Khan resident of village - Rehua

Maghargawa, P.S. Kotwa, Distt. - East Champaran, Motihari

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

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

Appearance :

For the Appellant/s

:

Mr. Vikram Deo Singh, Advocate

Mr. Nafisuzzoha, Advocate

Md. Jawed Ahmad, Advocate

For the Respondent/s

:

Mr. Prince Kumar Mishra, Amicus Curiae

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

CORAM: HONOURABLE MR. JUSTICE A. M. BADAR

and

HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

CAV JUDGMENT

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

Date : 02-08-2022

By this appeal, appellant/convicted accused Sonu

Akhtar Khan is challenging the judgment and order dated 14^th

March 2014 and 22^nd March 2014 respectively, passed by the

learned 5^th Additional Sessions Judge, East Champaran,

Motihari, in Sessions Case No. 29 of 2012/27 of 2012, thereby

convicting him of offences punishable under Sections 364A,

302, 120B and 201 of the Indian Penal Code. For the reasons

best known to it, the learned trial court had not sentenced the

accused for the offence punishable under Section 120B of the

Indian Penal Code. For the offence punishable under Section

Patna High Court CR. APP (DB) No.437 of 2014 dt.02-08-2022

2/43

364A of the Indian Penal Code, he is sentence to suffer

imprisonment for life apart from imposition of fine of Rs.

50,000/- and in default to undergo simple imprisonment for six

months. For the offence punishable under Section 302 of the

Indian Penal Code, similar sentence was imposed on him. For

the offence punishable under Section 201 of the Indian Penal

Code, the appellant is sentenced to undergo rigorous

imprisonment for three years apart from fine of of Rs. 10,000/-

and in default to undergo rigorous imprisonment for three

months. For the sake of convenience, the appellant shall be

referred to in the original capacity as an accused.

2. Facts in brief leading to the prosecution of the

accused, projected from the police report, can be summarized

thus:-

(a). Accused Sonu Akhtar Khan had married daughter

of Sakir Khan, resident of village Dariyapur No. 2 falling under

jurisdiction of the Police Station Sangrampur of East

Champaran District. He was residing with his in-laws at that

village. First informant/PW 8 Meraz Khan was neighbor of

Sakir Khan being resident of village Dariyapur No. 2. Salman

Khan (since deceased) was son of First Informant/PW 8 Meraz

Khan. He was friend of accused Sonu Akhtar Khan. According

Patna High Court CR. APP (DB) No.437 of 2014 dt.02-08-2022

3/43

to the prosecution case, Sonu Akhtar Khan wanted to go to

Saudi Arabia and was in need of money. Therefore, he along

with his friends, namely, Pawan Pandey and Dheeraj Pandey

hatched conspiracy to abduct Salman Khan for demand of

ransom from his relatives. That is how, according to the

prosecution case, on 18.06.2011, accused Sonu Akhtar Khan

went to the house of Salman Khan (since deceased) and took

him. At the canal of the village, Salman Khan was made to drink

liquor in excessive quantity. He was then confined at the house

of Pawan Pandey. Calls for demanding ransom were made to

brothers of Salman Khan and for his release, an amount of Rs.

700000/- came to be demanded. Subsequently, Salman Khan

was confined at the house of Dheeraj. As name of the accused

has started surfacing in the matter of missing of Salman Khan,

the accused took him to the field of Arun Srivastava. Salman

Khan was killed there on 29.06.2011 by slashing his neck by a

sharp edged weapon. His dead body was buried in the said

field. The ‘Kudal’ used for digging the soil for