SHEO PASWAN AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - Cr. Appeal (DB) No. 384/2007 wherein Sheo Paswan happens to be the appellant, Cr. Appeal (DB) No. 161/2007 wherein Sharwan Das happens to be the appellant, Cr. Appeal (DB) No. 183/2007 wherein Sanjay Sao happens to be the appellant and Cr. Appeal (DB) No. 368/2007 wherein Kamaldeo Das and Uday Paswan are the appellants commonly originate against the judgment of conviction dated 13th Jan. 2007 and order of sentence dated 16th Jan. 2007 passed by Additional Sessions Judge-FTC- 2nd Gaya in Sessions Trial No. 296/2005/397/1998 convicting all the appellants for an offence punishable under Sections 364A/149 Penal Code and directing each one to undergo RI for life along with fine of Rs. 10,000.00 in default thereof to undergo SI for five years, under Sections 302/149 IPC, each one has been directed to undergo RI for life as well as fine of Rs. 10,000.00 in default thereof, to undergo SI for five years, under Sec. 201/149 Penal Code and each one has been directed to undergo RI for three years and further directed to run the sentences concurrently, on account thereof, have been heard analogously and are being disposed of by a common judgment.

(2.) PW-9, Nand Kishore Prasad filed a written report on 14.12.1996 alleging inter alia that in the night of 12.12.1996 on the eve of marriage of daughter of his co-villager, Ishwar Chand Gupta, Barat had arrived. He along with his other family members had gone to participate. While dance was going on, he with his brothers, Ashok Kumar and Guddu Kumar along with others were witnessing the same but in between the night of 12/13.12.1996 at about 2:00 a.m., he along with his brother Guddu Kumar returned back while Ashok remained there. He (Ashok) did not return even on the following day and on account thereof, hectic search was made which gone futile. As such, he apprehended against unknown accused to have kidnapped his brother, Ashok for some ulterior motive.

(3.) After registration of case bearing Konch PS Case No.99/1996, investigation followed. It is apparent that during course of investigation, appellants along with others were apprehended and it has further been alleged that dead body was recovered at the instance of appellants whereupon charge-sheet against the appellants were filed, led to conduction of trial, meeting with ultimate result, the subject matter of instant appeal.