KALLU AND ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) ALL these appeals have been preferred against the common judgment of conviction, dated 16.03.2009, and order of sentence, dated 19.03.2009, passed in Sessions Trial No. 937 of 2006 (Tr. No. 66 of 2006), arising out of G.R.P. P.S. case No. 188 of 2006, G.R. No. 248 of 2006, whereby the learned Additional Sessions Judge, Fast Tract Court No. -I, Patna has convicted all the appellants under Sections 396 and 396/412 of the Indian Penal Code and sentenced each of them to Rigorous Imprisonment for life and a fine of Rs. 5,000/ - (Five thousand) each under Section 396 of the Indian Penal Code and in default to undergo further simple imprisonment for six months, whereas no separate sentence was passed for the offence under Sections 396/412 of the Indian Penal Code.

(2.) THE prosecution case in short as made out in the self -statement Alok Kumar Singh, officer -in -charge of G.R.P. Police Station, Patna recorded on 04.06.2006 at 4:30 P.M. at village Dhelwa, P.S. Phulwarisarif, District - Patna, is as follows:

(3.) THE case was handed over to Satya Narayan Kumar, Rail Dy.S.P. (H.Q.) for investigation. After investigation, he submitted charge -sheet under Section 396/412 against all the accused persons showing Nirmal Kumar Sinha @ Bittu as absconder. Cognizance of the offence was taken on 10.07.2006 against all the seven accused persons under Sections 396/412 of the Indian Penal Code. As Nirmal Kumar Sinha @ Bittu was absconding, his case was separated by the committing Court vide order dated 24.07.2006 and the original recorded was committed to the Court of Sessions on 25.07.2006 giving rise to S.T. No. 937 of 2006. In the meantime, accused Nirmal Kumar Sinha @ Bittu was apprehended on 23.08.2006 and the supplementary case record was committed to the Court of Sessions on 04.09.2006 by the Railway Magistrate, Patna, which was numbered as S.T. No. 1097 of 2006. Charges were framed under Sections 396/412 of the Indian Penal Code against six accused persons other than the Nirmal Kumar Sinha @ Bittu and a separate charge under Section 412 of the Indian Penal Code was framed against Kallu @ Ghanshyam Pandi @ Ghanshyam Kumar and Subodh Kumar. Charges were also framed against Nirmal Kumar Sinha @ Bittu on 30.10.2006 under Sections 396 and 412 of the Indian Penal Code, to which the appellants pleaded not guilty.