Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.869 of 2004 =========================================================== Md.Aslam son of Md. Khalil resident of village and P.S. Mehandia, District Jehanabad. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 664 of 2004 =========================================================== 1. Ranjit Kumar Singh @ Ranjit Kumar Sinha son of Sachita Prasad Sinha, resident of village Kharati, P.S. Obra District Aurangabad. 2. Shambhu Prasad son of Sarju Prasad, resident of village Gira, P.S. Obra District Aurangabad. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 709 of 2004 =========================================================== Arbind Kumar Singh, son of Durga Singh resident of village- Amilona, Police Station- Jamhor, District Aurangabad. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 717 of 2004 =========================================================== Kamta Kumar Singh son of Shri Chandeshwar Singh resident of village Shamsher Nagar, P. S. Daudnagar District Aurangabad . .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 722 of 2004 =========================================================== Ishwar Kahar @ Bhedawa, son of late Doman Ram, resident of village Arai, Police Station Dudnagar, District Aurangabad. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 774 of 2004 =========================================================== Vinod Choudhary son of Shri Jaglal Choudhary, resident of village Obra P.S. Obra District Aurangabad. .... .... Appellant/s Patna High Court CR. APP (DB) No.869 of 2004 dt.18-07-2012 2 Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (DB) No. 1091 of 2010 =========================================================== Md. Aslam son of Md. Khalil, resident of village- Mehandiya, P.S. Mehandiya, District- Jehanabad (Bihar) .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s =========================================================== {against the judgment of conviction dated 24th August 2004 and sentence dated 31st August 2004 passed by Sri Binay Shanker Mishra, learned Additional Sessions Judge, Fast Track Court No. 2nd, Aurangabad in Sessions Trial No. 120 of 2001 / 24 / 2002 / 151/2004 arising out of Obra P. S. Case No. 152 of 2000, G. R. Case No. 1542 of 2000} Appearance : (In CR. APP (DB) No. 869 of 2004) (In CR. APP (DB) No. 1091 of 2010) (In CR. APP (DB) No. 774 of 2004) For the Appellant/s : Mr. Aaruni Singh, Amicus Curiae. For the Respondent/s : Mr. Ashiwani Kumar Sinha, APP (In CR. APP (DB) No. 664 of 2004) For the Appellant/s : Mr. Kanhaiya Prasad Singh, Sr. Adv. Mr. Rajesh Kumar Singh, Adv. Mrs. Jyotsana Kumari, Adv. For the Respondent/s : Mr. Ashiwani Kumar Sinha, APP (In CR. APP (DB) No. 709 of 2004) (In CR. APP (DB) No. 717 of 2004) For the Appellant/s : Mr. Krishna Pd. Singh, Sr. Adv. Mrs. Meena Singh, Adv. Mr. Rakesh Singh, Adv. Mr. Mithilesh Kumar, Adv. For the Respondent/s : Mr. Ashiwani Kumar Sinha, APP (In CR. APP (DB) No. 722 of 2004) For the Appellant/s : Mr. Akhileshwar Prasad Singh, Sr. Adv. Mrs. Anita Kumari Singh, Adv. Mr. Prabhu Narain Sharma, Adv. Mr. Bimal Kumar No.2, Adv. For the Respondent/s : Mr. Ashiwani Kumar Sinha, APP ====================================================== ===== 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: 18 -07-2012 Patna High Court CR. APP (DB) No.869 of 2004 dt.18-07-2012 3 All these appeals have been preferred against the judgment of conviction dated 24th August 2004 and sentence dated 31st August 2004 passed by learned Additional Sessions Judge, Fast Track Court No. 2nd, Aurangabad in Sessions Trial No. 120 of 2001 / 24 / 2002 / 151/2004 arising out of Obra P. S. Case No. 152 of 2000, G. R. Case No. 1542 of 2000 by which all the appellants have been convicted and sentenced to rigorous imprisonment for life for the offence punishable under [STATUTE] , rigorous imprisonment for seven years under [STATUTE] , and appellants Md. Aslam, Arvind Kumar Singh and Shambhu Prasad have been further convicted and sentenced to rigorous imprisonment for 10 years under [STATUTE] and all the seven appellants have been further sentenced to a fine of Rs.5000/- each and in default of payment of fine sentenced to undergo rigorous imprisonment for two years. The sentences were directed to run concurrently, as such all these appeals have been heard together and are being disposed of by this common judgment. 2. It appears that convict Md. Islam had initially preferred jail appeal which was number as Cr. Appeal (D. B.) No. 869 of 2004 but later on a regular appeal i.e. Cr. Appeal (D. B.) No. 1091 of Patna High Court CR. APP (DB) No.869 of 2004 dt.18-07-2012 4 2010 was filed on his behalf so his both the appeals have been amalgamated. 3. The prosecution case, in brief, is that informant Ambuj Singh (P. W. 2) gave his fard beyan(Ext. 2) before S. I. Ajay Kumar Singh, Officer-in-Charge of Obara Police Station (P.W. 26) on 25.9.2000 at 00.45 hours at Bharub road near tank alleging that on 24.9.2000 at about 10.10 pm. the bus bearing Registration No. B.R.1P 7309 named as Krishna Rath started from Ramesh Chowk, Aurangabad for Patna in which he was a conductor. There were 53 passengers on the bus when the bus reached near Kara More at about 11.15 pm. five criminals in the guise of passengers aged about 25- 30 years came to gate of the bus. One of them who was bearing white Paijama Kurta lean and thin aged about 30 years took out Rs.1052/- from his pocket. Lalji Yadav (not examined) Khalasi of the bus protested and a criminal who was bearing fullpant and kurta having 5” height aged abou

Applicable IPC Section: 397

Statute Text:
Section 397 of the Indian Penal Code. Robber or Dacoity, with attempt to cause death or grievous hurt. If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, so attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.