STATE OF BIHAR Vs. LAXMI PASWAN

JUDGEMENT

(1.) The above death reference as also the appeals against conviction and acquittal have arisen out of the same ORDER. As common questions of law and facts are involved in the same, these have been heard together and are being disposed of by this common ORDER.

(2.) Laxmi Paswan, Mugeri Sitaram Sao, and Lallu Ram appellants stand convicted under Section 396 of the Indian Penal Code on the finding that they had, along with their co-accused Chunghru Machhua and Rajesh Singh as also Lalit Sanga (subsequently turned approver), on 8.1.1992, after conspiring and kidnapping Smt. Gayatri Devi, wife of informant Sri Anand Swaroop Gupta, Advocate, Ranchi, robbed her of and of about Rs. two lacs and then committed her murder. Although they were also convicted under sections 364 and 120B of the Indian Penal Code, but no separate sentences were awarded to them under those charges. Laxmi Paswan appellant, the alleged prime culprit, has been sentenced to death, and Mungeri alias Sitaram Sao and Lallu Ram appellants to undergo imprisonment for life. Feeling aggrieved, they have preferred their respective above noted appeals, and death reference of Laxmi Paswan appellant is also before us for confirmation of his capital punishment.

(3.) Along with Laxmi Paswan, Mungeri Sitaram Sao, and Lallu Ram appellants, Dinesh Kumar Singh had also faced trial for his allegedly committing the same offences, but he has been acquitted. Girja Singh had also faced prosecution under sections 120B and 412 of the Indian Penal Code along with the appellants, but he too has earned his acquittal. State of Bihar has filed aforementioned separate appeals against their acquittal. Ghunghru Machhua and Rajesh Singh, also alleged participants in the crime, are facing their separate trial.