Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.398 of 2006 =========================================================== Md. Nayeem, son of Late Md. Rafique, resident of Mohalla- Gangjala, Ward No. 20, P. O. P.S. and District- Saharsa. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 526 of 2006 =========================================================== Md. Khursheed son of Md. Aklim, resident of village- Nariyar, Police Station and District- Saharsa .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s =========================================================== [Against the judgment of conviction dated 29.4.2006 and order of sentence dated 2.5.2006 passed by Md. Shakir Hasan, Ist Additional Sessions Judge, Saharsa in Sessions Trial No. 122 of 2005/ Sessions Trial No. 196 of 2005] =================================================== Appearance : (In CR. APP (DB) No. 398 of 2006) For the Appellant/s : Mr. Kanhaiya Singh, Sr. Adv. Mr. Ahtesham Ali Khan, Adv. For the Respondent/s : Mr. Ashwini Kumar Sinha, APP (In CR. APP (DB) No. 526 of 2006) For the Appellant/s : Mr. Nafisuzzoha, Adv. Mr. Md.Naushaduzzoha, Adv. For the Respondent/s : Mr. Shikesh Chandra Mishra, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 04-12-2012 Md. Nayeem (Cr. Appeal (D.B.) No. 398 of 2006) and Md. Khursheed (Cr. Appeal (D.B.) No. 526 of 2006) have Patna High Court CR. APP (DB) No.398 of 2006 dt.04-12-2012 2 assailed the judgment of conviction dated 29.4.2006 and order of sentence dated 2.5.2006 whereby convicts/appellants were found guilty under [STATUTE] and were sentenced to undergo rigorous imprisonment for life. Altogether 12 persons were put on trial. Besides these appellants the persons put on trial were Umesh Dahlan, Raju Swanakar, Sujit Swanakar, Sonu Singh, Santosh Kumar Mehta, Sanjay Swanakar, Santosh Singh, Shashi Shekhar Singh Yadav @ Shashi Singh, Santosh Kumar Singh, and Md. Babloo Yadav. These appellants were held guilty, whereas, others were acquitted by Ist Additional Sessions Judge, Saharsa in Sessions Trial No. 122 of 2005/ Sessions Trial No. 196 of 2005. 2. Fardbeyan (Ext. 6) of Amar Nath Thakur (P.W. 2) led to registration of Saharsa (Sadar) P. S. Case No. 221 of 2004 dated 29.6.2004 under Sections 302/120(B)/34 IPC and 27 of the Arms Act against Babu Jha. The informant was an employee of Rajaram Khetan (deceased) and according to him Rajaram Khetan had wholesale business of medicine in the name and style of Tirupati Agency at Mahavir Chauk. It is alleged that on 29.6.2004 Rajaram Khetan told the informant that his mother informed him on telephone that she had been threatened and a demand of Rs.50,000/- has been made in lieu of life. She suggested him to return at the earliest. In the meanwhile, Munna Singh came and detailed about the information which has been Patna High Court CR. APP (DB) No.398 of 2006 dt.04-12-2012 3 received at about 8 pm. Munna Singh again came and Rajaram Khetan after closing the shop proceeded on his motorcycle and accused Munna Singh was pillion rider on two wheeler. The informant was also going on motorcycle. Two motorcycles proceeded. The informant got down, opened the first gate and entered inside the campus to open second gate. In the meanwhile, sound of firing was heard by the informant. Rajaram Khetan raised alarm that he had been shot. The informant came back immediately and he saw a lean, thin and long statured person was escaping. The escaping person was just at some distance but he succeeded in escaping. The absconding person was Babu Jha. The informant with the help of witness brought Rajaram Khetan to the clinic of Dr. Isshar, who sent him to Sadar Hospital, Saharsa, but Rajaram Khetan succumbed to his injuries. A fortnight prior to the occurrence deceased was called by Babu Jha and demand of ransom was made. The fard beyan was recorded at Sadar hospital and after recording formal FIR, investigation proceeded, charge-sheet submitted, cognizance was taken and the case was committed to the court of sessions. Charge under [STATUTE] was explained to 12 accused persons and they were charged that on 29 June 2004 at Krishna Nagar, Batraha, Police Station Saharsa. and District Saharsa in furtherance of common intention committed murder of Rajaram Khetan. The accused pleaded Patna High Court CR. APP (DB) No.398 of 2006 dt.04-12-2012 4 innocence and so the trial proceeded. 3. Before trial court the prosecution has examined Anil Kumar Singh as P. W. 1, informant Amar Nath Thakur as P. W. 2, Hira Lahari as P. W. 3, Uma Shankar Khetan, father of the deceased as P. W. 4, Binit Kumar Jha as P. W. 5, Chakarbarti Prasad Keshari as P. W. 6, Krishna Kanahiya Khatan as P. W. 7, Raghav Pd. Singh as P. W. 8, Gautam Kumar as P. W. 9, Pankaj Kumar Gupta as P. W. 10, Dr. Sachidanand Roy, who held the post mortem examination upon the body of the deceased as P. W. 11, Sudhir Kumar Singh as P. W. 12, Anil Kumar Yadavendu- first Investigating Officer as P.W. 13, Ramanand Singh- 2nd Investigating Officer as P.W. 14, Satrughan Pd. Gupta as P.W. 15, and Arun Kumar Yadav as P.W. 16. 4. P. Ws. 1, 2, 3, 4 and 5 have not supported any part of the occurrence and they were declared hostile by the prosecution. P. W. 4, father of the deceased and P. W. 7 were examined as hearsay witnesses. P.W. 9 and P. W. 10 were witnesses of inquest of dead body. P.Ws. 15 and 16 are formal witnesses who have proved about cassette which was not even looked upon by the Court. P.Ws. 8 and P.W. 12 have been examined to show about enmity with regard to business transaction of the deceased and the doctor has been examined to show that postmortem was conducted by him. Patna High Court CR. APP (DB) No.398

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.