Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Death Reference No.1 of 2011 (Against the judgment of conviction and order of sentence dated 11.03.2011 and 16.03.2011 respectively passed by Shri Chandra Shekhar Jha, 2nd Additional Sessions Judge, Banka in Sessions Trial No.408A of 1998) =========================================================== The State of Bihar .... .... Appellant Versus Sabir Mian @ Lutania Mian, son of Gulbasir Mian, resident of village- Tarakura, P.S.- Jhajha, District- Jamui. .... .... Respondent With Criminal Appeal (DB) No. 331 of 2011 =========================================================== Sabir Mian @ Lutania Mian, son of Gulbasir Mian, resident of village- Tarakura, P.S.- Jhajha, District- Jamui. .... .... Appellant Versus The State of Bihar .... .... Respondent With Death Reference No. 2 of 2011 (Against the judgment of conviction and order of sentence dated 12.12.2011 and 17.12.2011 respectively passed by Shri Chandra Shekhar Jha, 2nd Additional Sessions Judge, Banka in Sessions Trial No.355 of 2010) =========================================================== The State of Bihar .... .... Appellant Versus Dehru Khaira @ Laiya @ Naiya, son of late Jago Khaira @ Laiya @ Naiya, resident of village- Baliya, P.S.- Belhar, District- Banka. .... .... Respondent With Criminal Appeal (DB) No. 140 of 2012 =========================================================== 1. Dehru Khaira@Laiya@Naiya S/O Late Jago Khaira @ Laiya @ Naiya R/O Patna High Court D. REF. No.1 of 2011 dt.10-07-2012 2 Village - Baliya, Police Station - Belhar, District – Banka. .... .... Appellant Versus 1. The State of Bihar .... .... Respondent =========================================================== Appearance: (In D. REF. No. 1 of 2011) For the Appellant/s : Mr. Ashwini Kumar Sinha, A.P.P. For the Respondent/s : Mr. Rajib Ranjan Jha, Advocate (In Cr. Appeal (D.B.) No.331 of 2011) For the Appellant/s : Mr. Rajib Ranjan Jha, Advocate For the Respondent/s : Mr. Ashwini Kumar Sinha, A.P.P. (In D. REF. No. 2 of 2011) For the Appellant/s : Mr. Ashwini Kumar Sinha, A.P.P. For the Respondent/s : Mr. Ajay Mukherjee, Advocate (In Cr. Appeal (D.B.) No. 140 of 2012) For the Appellant/s : Mr. Ajay Mukherjee, Advocate For the Respondent/s : Mr. Ashwini Kumar Sinha, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 10-07-2012 Death Reference No.1 of 2011 and Criminal Appeal (D.B.) No.331 of 2011 arise out of the judgment of conviction and order of sentence dated 11.03.2011 and 16.03.2011 respectively passed by the learned 2nd Additional Sessions Judge, Banka in Sessions Trial No.408A of 1998 arising out of Belhar P.S. Case No.78 of 1997 dated 8.07.1997 by which Sabbir Mian @ Lutania Mian has been convicted for the offence punishable under [STATUTE] . and has been awarded death sentence. A reference has been made to the Patna High Court for the confirmation of the death sentence under Section 366 Cr.P.C. 2. Death Reference No.2 of 2011 and Criminal Appeal (D.B.) No.140 of 2012 arise out of the judgment of conviction and order of sentence dated 12.12.2011 and 17.12.2011 respectively passed by the learned 2nd Additional Sessions Judge, Banka in Sessions Trial No.355 of 2010 arising out of Belhar P.S. Case No.78 of 1997 dated 8.07.1997 by which Dehru Khaira @ Laiya @ Naiya has been convicted for the offence punishable under [STATUTE] . and has been awarded death sentence for the offence punishable under [STATUTE] . No separate sentence has been awarded under [STATUTE] . A reference has been made to the Patna High Court for the confirmation of the death sentence under Section 366 Cr.P.C. 3. Since all the cases arising out of Belhar P.S. Case No.78 of 1997, as such, all the cases have been heard together and are being disposed of by this common judgment. 4. The prosecution case as disclosed from the written report is that on 7.07.1997 at about 6.30 P.M., five persons, namely, the informant Mrigendra Kumar Singh @ Pappu Singh, Biplav Kumar Singh (since deceased) and Ramjee Kumar Yadav on one Kawasaki Patna High Court D. REF. No.1 of 2011 dt.10-07-2012 4 Motorcycle and two on another Rajdoot Motorcycle, namely, Shishupal Singh and Shankar Kumar Singh (since deceased) were returning after making advance payment to Bishundeo and Johari Pandit for fish. At that very time, six unknown criminals variously armed with revolver, dagger, rod, chain, bow and arrow and bomb etc. were standing at Spillway Bridge near Badua Dam. The motorcyclist had to stop the vehicle because of the obstruction and at that very time these appellants and other criminals took away money, watch, ring etc. from the possession of the informant and others. Thereafter, the accused persons tide their legs and hands on their back with the assistance of the Lungi of the informant. In the meantime, three more persons including Pankaj Bhagat (since deceased) with two of his relatives came on their scooter and they were also robbed of their belongings by the miscreants. Soon thereafter, a tractor of Saloni Murmu loaded with sand being driven by Sukar Pandit alongwith labourers Mahesh Pandit, Subhash Sao, Dasrath Pandit and Raj Kumar Sao arrived and those persons were also robbed of their belongings. At the behest of Sardar of the gang of the criminals several persons were thrown and pushed down into the water of Badua Dam one after another by tying their hands/ arms behind their back, as a result thereof, seven persons died. Some of the persons, who were thrown in the dam namely, informant, Shishupal Singh and Patna High Court D. REF. No.1 of 2011 dt.10-07-2012 5 Ramjee Yadav anyhow managed to save themselves from drowning. They rushed to the nearby village Biji Khor

Applicable IPC Section: 201

Statute Text:
Section 201 of the Indian Penal Code. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, If a capital offence. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.