IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.405 of 2014

Arising Out of PS. Case No.-48 Year-2010 Thana- SULTANGANJ District- Bhagalpur

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Nepali Yadav Son of Late Tuntun Yadav R/o Village New Sidhighat,

Sultanganj, P.S. Sultanganj, District Bhagalpur.

... ... Appellant.

Versus

The State of Bihar

... ... Respondent.

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with

CRIMINAL APPEAL (DB) No. 443 of 2014

Arising Out of PS. Case No.-48 Year-2010 Thana- SULTANGANJ District- Bhagalpur

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Nilesh Yadav S/o Yogi Yadav Resident of Mohalla New Sidhi Ghat,

Sultanganj, P.S. Sultanganj, District Bhagalpur.

... ... Appellant.

Versus

The State of Bihar

... ... Respondent.

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Appearance :

(In CRIMINAL APPEAL (DB) No. 405 of 2014)

For the Appellant

:

Mr. Bindhyachal Singh, Senior Advocate.

Mr. Arvind Kumar, Advocate.

Ms. Suruchi Anand, Advocate.

For the State

:

Mr. Prince Kumar Mishra, Amicus Curiae.

(In CRIMINAL APPEAL (DB) No. 443 of 2014)

For the Appellant

:

Mr. Praveen Kumar, Advocate.

For the State

:

Mr. Prince Kumar Mishra, Amicus Curiae.

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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 : 25-07-2022

Criminal Appeal (DB) No.405 of 2014 is filed by

appellant/ convicted accused Nepali Yadav whereas Criminal

Appeal (DB) No.443 of 2014 is filed by appellant/convicted

Patna High Court CR. APP (DB) No.405 of 2014 dt.25-07-2022

2/41

accused Nilesh Yadav. By these appeals, they are challenging

the Judgment and Order dated 15.04.2014 and 19.04.2014

respectively passed by the learned Adhoc Additional Sessions

Judge-IV, Bhagalpur, in Sessions Trial No.170 of 2012, thereby

convicting them of the offences punishable under Section 302

read with 34 of the Indian Penal Code as well as under Section

27 of the Arms Act. Appellant/convicted accused Nepali Yadav

is sentenced to suffer imprisonment for life apart from a

direction to pay fine of Rs.25000/- and in default, to undergo

rigorous imprisonment for five years for the offence punishable

under Section 302 read with 34 of the Indian Penal Code. For

the offence punishable under Section 27 of the Arms Act, he is

sentenced to suffer rigorous imprisonment for two years apart

from a direction to pay fine of Rs.2000/- and in default, to

undergo rigorous imprisonment for six months. Appellant/

convicted accused Nilesh Yadav is sentenced to suffer life

imprisonment apart from a direction to pay fine of Rs.5000/-

and in default, to undergo rigorous imprisonment for one year

for the offence punishable under Section 302 read with 34 of the

Indian Penal Code. For the offence punishable under Section 27

of the Arms Act, he is sentenced to suffer rigorous imprisonment

for two years apart from imposition of fine of Rs.1000/- and in

Patna High Court CR. APP (DB) No.405 of 2014 dt.25-07-2022

3/41

default, to undergo further rigorous imprisonment for three

months. Substantive sentences are directed to run concurrently.

As both these appeals are arising out of the same Judgment and

Order of conviction and resultant sentence imposed on the

accused therein, those are being decided by this common

Judgment. For the sake of convenience, the appellants shall be

referred to in their original capacity as “the accused”.

2. Facts in brief leading to the prosecution of the

accused persons can be summarized thus:

(a). According to the prosecution case, both accused

persons in furtherance of their common intention along with co-

accused Vibhishan Yadav had committed murder of Rohit

Kumar on 12.03.2010 by firing bullets at him at the bank of

river Ganga at New Sidhi