(1.) In all the aforesaid three appeals, appellants were arrayed as accused during investigation in Neem Chak Bathani P.S. Case No. 22 of 2008 registered for offence under Section 396 of the Indian Penal Code, however; appellants in Cr.Appeal (DB) No. 340 of 2013 were tried in Sessions Trial No. 61 of 2010/471 of 2010(S.J.) (for short "S.Tr.No. 61/10") and other two appellants i.e. Sunil Yadav (in Cr.App.DB No. 645 of 2011) and Umesh Yadav (in Cr.App.DB No. 837 of 2011) were tried together in Sessions Trial No. 322 of 2009. Since occurrence in aforesaid trials was same, all the three appeals were heard together and are being disposed of by this common judgment.
(2.) Two appellants in Cr. Appeal (DB) No. 340 of 2013, namely Lallu Yadav @ Sanjay Yadav and Bablu Kumar @ Bablu Yadav by judgment dated 12-02-2013 were convicted in Sessions Trial No. 61 of 2010 for commission of offence under Section 396 of the Indian Penal Code and by order dated 19-02-2013, they were sentenced to undergo imprisonment for life and also they were directed to pay a fine of Rs. 1,000/- (one thousand) each. Appellant Sunil Yadav {in Cr. Appeal (DB) No. 645 of 2011} and appellant Umesh Yadav {in Cr. Appeal (DB) No. 837 of 2011} by judgment dated 03-05-2011 were convicted in Sessions Trial No. 322 of 2009 for commission of offence under Section 396 of the Indian Penal Code and by order dated 11-05-2011, they were sentenced to undergo imprisonment for life, however; they were not imposed any fine. The judgment of conviction and sentence has been passed by Sri Krishna Kumar Agrawal, learned Adhoc Additional District & Sessions Judge, F.T.C.-III, Gaya (hereinafter referred to as 'Trial Judge').
(3.) In Sessions Trial No. 322 of 2009, after conviction, firstly, convict Sunil Yadav filed an appeal, vide Cr. Appeal (DB) No. 645 of 2011, which was admitted on 15-07-2011 and on 20-09-2011, his prayer for bail was rejected by a coordinate Bench of this Court. Subsequently, on 11-10-2012, after filing of interlocutory application, he was directed to be released on bail. Convict Umesh Yadav filed his appeal after his conviction on 23-08-2011, which was admitted for hearing on 13-09-2011 and finally, by order dated 17-09-2012, he was directed to be released on bail by a coordinate Bench of this Court. In second trial i.e. Sessions Trial No. 61 of 2010, co-convicts Lallu Yadav @ Sanjay Yadav and Bablu Kumar @ Bablu Yadav, after their conviction and sentence, preferred the appeal i.e. Cr. Appeal (DB) No. 340 of 2013, which was filed on 22-04-201 In the said appeal i.e. Cr. Appeal (DB) No. 340 of 2013, repeatedly petitions were filed for granting bail, however, it was never considered and rejected and both the appellants are in jail. Since all the three appeals were pertaining to the same occurrence, the office placed the record of all the appeals and thereafter, all the aforesaid three appeals were listed together and heard on number of dates.