STATE OF BIHAR Vs. ASHOK YADAV

JUDGEMENT

(1.) THE death reference and criminal Appeals arise out of the same judgment and order dated 5th June, 2007 passed by learned Additional Sessions Judge, FTCV, kaimur at Bhabua in Sessions Trial No. 179/05/117/05 whereby and whereunder both the appellants have been convicted under Section 364-A of the Indian Penal code (in short as 'ipc') and capital punishment has been awarded to them.

(2.) THE prosecution case, in short, is that informant Yogendra Singh lodged fardbeyan on 23-11-2004 at 15. 00 hours alleging therein that his nephew Amar Kumar Singh and one Ravi Kant Choubey were missing since last night from his chamber (the place where machine was installed for irrigation work) but their daily use articles such as slippers, sweaters and mufflers were lying at the machine itself. He thus suspected that both were kidnapped by some unknown miscreants. On the basis of fardbeyan, the police registered Kudra P. S. case No. 137/04 under Section 365, IPC against unknown persons. Later on Section 364-A and 216/34, ipc were added. The police took up the investigation and after concluding the same submitted charge-sheet against (1) Ashok yadav son of Musafir Yadav (ii) Musafir Yadav son of late Ganpat Yadav (iii) Gabbar Mian son of Alam Mian, all residents of village ratwar, P. S. Bhabua District Kaimur, (iv)Bahadur Ram son of Sheo Nath of village sondiha P. S. Bhabua District Kaimur and (v) Jagdish Ram son of Barhu Ram of village natya, P. S. Kupra, District Kaimur.

(3.) AFTER cognizance the case was committed to the Court of Session for trial. During trial Jagdish Ram, Gabbar Mian and musafir Ram absconded and therefore, their trial was separated. The two appellants faced the trial and were convicted and sentenced as mentioned above.