IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINALAPPEAL (DB) No.338 of 2012

Arising Out of PS. Case No.-217 Year-2010 Thana- BHABHUA District- Kaimur (Bhabua)

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

Sugriv Choubey S/O Fulan Choubey Resident Of Village- Godhan, Police

Station- Bhabhua, District- Kaimur at Bhabhua.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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

with

CRIMINALAPPEAL (DB) No. 144 of 2012

Arising Out of PS. Case No.-217 Year-2010 Thana- BHABHUA District- Kaimur (Bhabua)

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1.

Fulan Chaubey S/O Late Nathuni Chaubey

2.

Guptnath Chaubey S/O Late Nathuni Chaubey

3.

Angad Chaubey S/O Fulan Chaubey

4.

Bajrangi Chaubey S/O Fulan Chaubey, all R/O Vill Godhan, P.S.Bhabhua,

Distt-Kaimur At Bhabhua

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

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

Appearance :

For the Appellant/s

:

Mr. Vikram Deo Singh, with

Mr. Sada Nand Roy, Advocates

For the State

:

Mr. Abhimanyu Sharma, APP

For the informant

:

Mr. Kumar Sunil, Advocate

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

and

HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA

C.A.V. JUDGMENT

(Per: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA)

Date : 18-05-2022

Heard Mr. Vikram Deo Singh, learned counsel for

the appellants, Mr. Abhimanyu Sharma learned Addl. Public

Prosecutor appearing for the State being assisted by Mr. Kumar

Sunil, learned counsel for the informant.

Patna High Court CR. APP (DB) No.338 of 2012 dt.18-05-2022

2/29

2. These appeals are directed against the judgment

of conviction dated 18.01.2012 and the order of sentence dated

24.01.2012, passed by Shri Harendra Nath Tiwary, Sessions

Judge, Kaimur at Bhabhua in Sessions Trial No. 311 of 2010,

whereby and whereunder the all appellants have been convicted

under sections 302/34 and section 341 of the Indian Penal Code

and have been sentenced to undergo rigorous imprisonment for

life with a fine of Rs. 15,000/- each and in default of payment of

fine they have been further directed to undergo rigorous

imprisonment for six months. The appellant, Sugriv Chaubey

has further been convicted under section 27 Arms Act and has

been sentenced to undergo rigorous imprisonment for five years

with a fine of Rs. 2,000/- and in case of default of payment of

fine he has been directed to undergo rigorous imprisonment for

three months. Both the sentences in respect of Sugriv Chaubey

has been directed to run concurrently.

3. These appeals were heard earlier and were

disposed of by this Court by the judgment of acquittal dated 10^th

April, 2019. The informant assailed the aforesaid judgment

before the Hon’ble Supreme Court in Cr. Appeal Nos. 10-11 of

2020 arising out of S.L.P. (Crl.) No. 5740-5741 of 2019 and the

Hon’ble Supreme Court by order dated 7^th January, 2020 set

Patna High Court CR. APP (DB) No.338 of 2012 dt.18-05-2022

3/29

aside the aforesaid judgment of acquittal and remanded the

matter to this Court for disposal afresh.

4. Pursuant to the aforesaid order of remand of the

Hon’ble Supreme Court, these appeals have been heard afresh.

5. The prosecution case, in brief, is that P.W. 5

Sushil Kant Pandey gave his written statement before the

Officer-in-Charge,

Bhabhua

P.S.

stating

therein

that

on

22.05.2010 he alongwith his father had gone towards south of

his house for plucking vegetables and as soon as he reached

near the lane, all the accused persons namely, Sugriv Chaubey,

Angad

Chaubey,

Bajrangi

Chaubey,

Fulan

Chaubey

and

Guptnath Chaubey, all resident of village Gorhan at present

residing at Patel Chowk, Bhabhua as well as Disco Pandey, who

were standing there from before, and as soon as his father

reached at the aforesaid place, Bajrangi Chaubey instigated on

which Sugriv Chaubey having katta in his hand caused injury on

the head and in the temple of his father namely