Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Death Reference No.1 of 2012 (Against the judgment of conviction and order of sentence dated 21.02.2012 and 23.02.2012 respectively passed by Shri Sultan Muzaffer, 1st Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No.628 of 2011 arising out of Bettiah Town P.S. Case No.592 of 2011) =========================================================== The State of Bihar .... .... Appellant Versus 1. Krishna Yadav @ Bigga Mahata @ Mama @ Mulla, resident of village- Singahi, P.S.- Bairiya, District- West Champaran. 2. Bhola Prasad Kushwaha, son of Late Jabali Kushwaha, resident of village- Gobarahi, P.S.- Sri Nagar, District- West Champaran. .... .... Respondents With Criminal Appeal (DB) No. 232 of 2012 =========================================================== 1. Mukti Narayan Chaudhary S/O Late Rameshwar Chaudhary R/O Vill-Athahiya Bishambharpur, P.S.Bhairoganj, District West Champaran .... .... Appellant Versus 1. The State Of Bihar .... .... Respondent/s With Criminal Appeal (DB) No. 237 of 2012 =========================================================== 1. Upendra Chaudhary S/O Suresh Chaudhary Resident Of Village- Inglishiya, P.S.- Chautarwa, District- West Champaran .... .... Appellant Versus 1. The State Of Bihar .... .... Respondent With Criminal Appeal (DB) No. 361 of 2012 =========================================================== 1. Bhola Prasad Kushwaha S/O Late Jababi Kushwaha R/O Village - Gobarahi, Patna High Court D. REF. No.1 of 2012 dt.28-09-2012 2 Police Station - Sri Nagar, District - West Champaran .... .... Appellant Versus 1. The State Of Bihar .... .... Respondent With Criminal Appeal (DB) No. 382 of 2012 =========================================================== 1. Krishna Yadav @ Bigga Mahto @ Mama @ Mulla S/O Nathuni Mahto R/O Village - Singahi, P.S. Bairiya Under The District Of West Champaran 2. Ravi Mahto S/O Krishna Yadav @ Bigga Mahto @ Mama @ Mulla R/O Village - Singahi, P.S. Bairiya Under The District Of West Champaran .... .... Appellants Versus 1. The State Of Bihar .... .... Respondent With Criminal Appeal (DB) No. 638 of 2012 =========================================================== 1. Dashrath Chauhan S/O Natha Chauhan R/O Village - Belwa Dumaria, P.S. Chautarwa Under The District Of West Champaran .... .... Appellant/s Versus 1. The State Of Bihar .... .... Respondent/s With Criminal Appeal (DB) No. 736 of 2012 =========================================================== Chandeshwar Sah, son of Kishun Sah, resident of village- Inglishiya, P.S.- Chautarwa, District- West Champaran. .... .... Appellant Versus The State Of Bihar .... .... Respondent =========================================================== Appearance : (In D. REF. No. 1 of 2012) For the State : Mr. Ashwani Kumar Sinha, Add.P.P. For the respondent : Mr. Amarendra Nath Verma, Advocate Patna High Court D. REF. No.1 of 2012 dt.28-09-2012 3 (In Appeals) For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate : Mr. Dhirendra Kumar, Advocate For the Respondent/s : Mr. Ashwini Kumar Sinha, Add.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL C.A.V.JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 28-09-2012 Death Reference Case No.01 of 2012 and Cr. Appeal (D.B.) Nos. 232, 237, 361, 382, 638 and 736 of 2012 arise out of the judgment of conviction and order of sentence dated 21.02.2012 and 23.02.2012 respectively passed by the learned 1st Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No.628 of 2011 arising out of Bettiah Town P.S. Case No.592 of 2011 by which the accused Krishna Yadav @ Bigga Mahato @ Mama @ Mulla and Bhola Prasad Kushwaha have been held guilty under [STATUTE] (hereinafter referred to as I.P.C.) and both have been sentenced to death and the remaining appellants namely, Ravi Mahto, Upendra Choudhary, Chandeshwar Sah, Mukti Narayan Choudhary and Dashrath Chauhan have been convicted and sentenced to undergo life imprisonment for the offence punishable under [STATUTE] . and the reference has been made to the Patna High Court for the confirmation of the death sentence under Section 366 Cr.P.C. Patna High Court D. REF. No.1 of 2012 dt.28-09-2012 4 2. Since all the cases arise out of the judgment of conviction and order of sentence passed in Sessions Trial No.628 of 2011 arising out of Bettiah Town P.S. Case No.592 of 2011, as such, they have been heard together and are being disposed of by this common judgment. 3. The prosecution case as disclosed from the written report (Ext.1) of Kamal Kishore Choudhary, S.I. of Police, Bettiah Town Police Station (P.W.4) is that on 6.12.2011 at 10.30 A.M. he received a telephonic message from Rajendra Singh (P.W.7), 1047 Baranari, P.S.- Aslali, District- Ahmadabad that Krishna Yadav @ Mama called his cousin brother Ravindra Singh (P.W.8), House No.272, Sector 4/A, S.D. Public School, Shastrinagar, P.S.- Govindgarh, District- Fatehgarh, Punjab to Bettiah for installing a rolling machine and has kidnapped him. He has been demanding a sum of Rs.25 lacs through the mobile no.9878633782 on the mobile of his house bearing no.9878433782. A Sanha has been instituted and an information has also been given to the Superintendent of Police, Bettiah. 4. On the basis of this written report, Bettiah Town P.S. Case No.592/2011 dated 6.12.2011 was instituted for the offence punishable under [STATUTE] . After investigation, charge-sheet was submitted against all the seven appellants named- Patna High Court D. REF. No.1 of 2012 dt.28-09-2012 5 above under [STATUTE] . and cognizance was taken against them. The case was committed to the Court of Sessions. The contents of the charges for the offence punishable under [STATUTE] . was read ove

Applicable IPC Section: 364A

Statute Text:
Section 364A of the Indian Penal Code. Kidnapping for ransom, etc. Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.