SADDAM HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Amir Alam, the learned Advocate for the appellants/Saddam Hussain @ Samir Raja and Khushnuma Khatoon in Cr. Appeal (DB) No. 352 of 2017 and Mr. Anil Chandra, the learned Advocate in Cr. Appeal (DB) No. 405 of 2017. The State has been represented by Mr. Satya Narayan Prasad, the learned APP.

(2.) The couple/appellants who are alleged to have kidnapped the victim/Abu Bakar for the purposes of ransom and then strangulated to death and his dead body was concealed in a drain.

(3.) For the afore-noted charge, the appellants have been convicted under Ss. 363, 364, 364A and 302/34 of the Indian Penal Code vide judgment dtd. 24/1/2017 passed by the learned 5th Additional Sessions Judge, Siwan in Sessions Case No. 115 of 2015 (Reg No. 71 of 2015), arising out of Barharia P.S. Case No. 291 of 2014. By order dtd. 2/2/2017, the appellants have been sentenced to undergo R.I for life and to pay a fine of Rs.1,00,000.00each for the offence under Sec. 302 of the IPC and R.I. for life and to pay a fine of Rs.1,00,000.00 each again for the offence under Sec. 364A of the IPC. No separate sentence has been awarded under Ss. 363 and 364 of the IPC. In case of default of payment of fine, each of the appellants have been directed to undergo R.I. for two years. Eighty (80) percent of the amount of fine has been directed to be paid to the parents of the deceased, who are the actual victims of the occurrence.