STATE OF BIHAR Vs. PRASHANT KUMAR MEHTA

JUDGEMENT

(1.) These appellants have been held guilty in the Sessions Trial No. 965 of 2012 arising out of Barhara P.S. Case No. 99 of 2012 by the learned 1st Addl. Sessions Judge-cum- Special Judge, Purnea for the offences punishable under Sections 302 read with 34, 376(2)(g) and 120-B of the Indian Penal Code vide judgment dated 7.02.2018. The trial court, thus, by its order passed on 15.02.2018 awarded death sentence to the appellants for the offence under Section 302 read with 34 of the Indian Penal Code and rigorous imprisonment for life under two counts i.e. Sections 376(2)(g) and 120-B of the Indian Penal Code. Further, the trial court awarded sentence of a fine of Rs. 1 lac upon the appellants without specifying the particular offence for which it was imposed. The death sentence was subject to confirmation by the High Court.

(2.) The reference made by the trial court under Section 366 of the Code of Criminal Procedure (for short 'the Cr.P.C.') has been registered as Death Reference No. 2 of 2018. The appellants have separately challenged their conviction and sentence imposed by the trial court by filing these criminal appeals before this Court. The appeals as well as the reference have been heard together.

(3.) The prosecution in the instant case was launched by registering Barhara P.S. Case No. 99 of 2012 dated 12.05.2012 under Sections 302 and 201 read with 34 of the Indian Penal Code against unknown accused persons. Though, the information of the incident was received by the police at 11:00 p.m. on 11.05.2012 but the first information report (F.I.R.) was registered at 10:00 a.m. on 12.05.2012. The FIR reveals that initially a station diary entry was made by the police bearing no. 341. The informant was Jagdish Mandal, who has deposed as PW-11 and Rameshwar Mandal (PW-2) has signed as a witness to the fardbeyan of the informant, which was written by one Deep Narayan Yadav, S.I. of Barhara P.S.