MUKTI NARAYAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) DEATH Reference Case No.01 of 2012 and Cr. Appeal (D.B.) Nos. 232, 237, 361, 382, 638 and 736 of 2012 arise out of the judgment of conviction and order of sentence dated 21.02.2012 and 23.02.2012 respectively passed by the learned 1 st Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No.628 of 2011 arising out of Bettiah Town P.S. Case No.592 of 2011 by which the accused Krishna Yadav @ Bigga Mahato @ Mama @ Mulla and Bhola Prasad Kushwaha have been held guilty under Sections 120 B and 364A/34 of the Indian Penal Code (hereinafter referred to as I.P.C.) and both have been sentenced to death and the remaining appellants namely, Ravi Mahto, Upendra Choudhary, Chandeshwar Sah, Mukti Narayan Choudhary and Dashrath Chauhan have been convicted and sentenced to undergo life imprisonment for the offence punishable under Sections 120B and 364 A of the I.P.C. and the reference has been made to the Patna High Court for the confirmation of the death sentence under Section 366 Cr.P.C.

(2.) SINCE all the cases arise out of the judgment of conviction and order of sentence passed in Sessions Trial No.628 of 2011 arising out of Bettiah Town P.S. Case No.592 of 2011, as such, they have been heard together and are being disposed of by this common judgment.

(3.) THE prosecution has examined the following witnesses in support of its case: P.W.1 Islam Gaddi, P.W.2 Manzoor Gaddi, P.W.3 Sheo Chandra Choudhary, P.W.4 Kamal Kishore Choudhary, P.W.5 Surjit Kumar, P.W.6 Indrajit Singh, P.W.7 Rajendra Singh, P.W.8 Ravindra Singh, P.W.9 Pranav Shankar, P.W.10 Ajay Kumar, P.W.11 Pawaneshwar Mahato, P.W.12 Atul Kumar Pathak, P.W.13 Jarnail Singh and P.W.14 Naresh Kumar.