MAKSUD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The criminal appeals arise out of common judgment of conviction dtd. 27/5/2015 and the order of sentence dtd. 4/6/2015, hence they have been heard together and are being disposed of by this common judgment.

(2.) These criminal appeals have been preferred against the judgment of conviction dtd. 27/5/2015 and the order of sentence dtd. 4/6/2015, passed by Shri Ashok Kumar, Additional Sessions Judge 2nd, Bhabua, in connection with Sessions Trial No.97 of 2014 and Trial No.127 of 2014, arising out of Adhaura P.S. case No.44 of 2013, whereby and whereunder the appellants have been convicted under Ss. 364, 302/34, 201, 120B of the Indian Penal Code (referred to 'I.P.C.') and Sec. 27 of the Arms Act. The appellants have been sentenced to undergo life imprisonment with fine of Rs.20,000.00 each for the offence under Ss. 364, 302/34 and 120B of the I.P.C., and in default of payment of fine, further to undergo rigorous imprisonment for five years each. The Trial Court has observed that life imprisonment will not less than 30 years. The appellants have further been sentenced to undergo rigorous imprisonment for seven years each with fine of Rs.10,000.00 each for the offence under Sec. 201 of the I.P.C. and in default of payment of fine, further undergo rigorous imprisonment for one year each. The appellants have further been sentenced to undergo rigorous imprisonment for seven years each with fine of Rs.10,000.00 each for the offence under Sec. 27 of the Arms Act and in default of payment of fine, further undergo rigorous imprisonment for one year each. All the sentences so imposed on the appellants shall run concurrently.

(3.) The prosecution case, in brief, is that on 12/12/2013 at 12 0' clock the informant went to Adhaura by Marshal jeep. It is further stated that the informant's son, namely, Amir Suhel (deceased) and nephew, namely, Siraj Ansari (deceased) both had gone to Adhaura by the informant's TVS star city motorcycle bearing No. BR45B-9809 and both the deceased met with Azad Ansari (deceased) at Adhaura. All three deceased persons went to Mandapa village from Adhaura at 5:00 p.m. They all reached at Balihawani Kala at 6 p.m. where they stay at Basant Hotel and also took tea and thereafter all the three deceased persons went to village at once. The informant further stated that his nephew was having one mobile bearing No.9431437337, which was switched off on that very day. The informant and the villagers tried to search the deceased persons but they were not able to find them, during the search, the informant found that motorcycle in the jungle. The informant has further alleged that he is fully convinced that some unknown persons have kidnapped and conspired to kill them.