Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.48 of 1989 (Against the judgment of conviction and order of sentence dated 12.01.1989 passed by the learned 3rd Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No.186 of 1978/04 of 1987) =========================================================== 1. Rajdeo Raut, son of Sheobrat Raut. 2. Thakur Raut, son of Sheobrat Raut. 3. Satya Narain Raut, son of Shree Kishun Raut. 4. Ram Sagar Raut, son of Shree Kishun Raut. 5. Shree Kishun Raut, son of Jokhu Raut. 6. Ugam Raut, son of Munshi Raut. 7. Ramashray Raut, son of Bhagelu Raut. (All residents of village-Majharia, P.S.-Paharpur, District- East Champaran) .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance : For the Appellants : Mr. Ramakant Sharma, Senior Advocate : Mr. Rajesh Kumar, Advocate : Mr. Lakshi Kant Sharma, Advocate For the Respondent : Mrs. Shashi Bala Verma, Add.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: 04-05-2012 All the above-named appellants have preferred this appeal against the judgment of conviction and order of sentence dated 12.01.1989 passed by the learned 3rd Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No.186 of 1978/04 of 1987 by which they have been held guilty for the offence Patna High Court CR. APP (DB) No.48 of 1989 dt.04-05-2012 2 punishable under [STATUTE] and have been sentenced to undergo rigorous imprisonment for life under [STATUTE] . No separate sentence was awarded for the offence punishable under [STATUTE] . 2. The prosecution case, in brief, is that Bhagwati Sharan Thakur, informant (P.W.8) has 20 Bighas of land in Majharia Diara and his uncle Baidyanath Thakur (deceased) used to live in the field of the said Diara for the last 20 years in a hut meant for watching the lands and crops and looking after the agricultural operation there. Mojam Dhobi and Manan Dhobi were also cultivating some lands in the said Diara belonging to the informant (P.W.8) on Batai so in order to watch their own crops; they were also living near the aforesaid Baidyanath Thakur (deceased) in the Diara since before 8- 10 days of the present occurrence. On 21.07.1978, the informant (P.W.8) returned to his house from the said field at 7.30 P.M. The aforesaid two persons namely Manan and Mojam (both not examined) also came back with the informant (P.W.8) and they told the informant that after Shabe-barat festival, they would go to the said Diara for watching their crops in the night. On 22.07.1978 as usual Kameshwar Thakur (P.W.3), son of the informant (P.W.8) went to the aforesaid Diara carrying the meal of the informant‟s uncle namely Baidyanath Thakur (deceased) but he did not find him Patna High Court CR. APP (DB) No.48 of 1989 dt.04-05-2012 3 in the hut meant for watching the fields at the Diara, though his towel was found on the Machan and the aforesaid Manan Dhobi (not examined), who was there from before the arrival of Kameshwar Thakur (P.W.3), told him (P.W.3) that from before his (Manan Dhobi) arrival Baidyanath Thakur (deceased) was absent from there. Thereafter, the aforesaid Kameshwar Thakur (P.W.3) thought that Baidyanath Thakur might have gone to some other place to look after the crops and as such, he (P.W.3) put his meal on the Machan and started returning for his home. While returning home, he (P.W.3) saw that the maize and Janera crops of about 10 to 16 Kathas have been cut and taken away by some body. Thereafter, the aforesaid Kameshwar Thakur (P.W.3) returned home and told the aforesaid facts to Ram Naresh Thakur (not examined), the father of the informant (P.W.8). Thereafter, Ram Naresh Thakur went there and inquired about Baidyanath Thakur (deceased) from Manan Dhobi (not examined) and as to who cut and taken away the Janera and Maize crops. Thereafter, Manan Dhobi told him that in the preceding night while seeing the festival, as stated above, it became late hour of night and hence, he had not come in the preceding night in the said field and when in the morning he came he found Baidyanath Thakur absent and also found the crops in question being stolen and removed. Thereafter, aforesaid Ram Naresh Thakur Patna High Court CR. APP (DB) No.48 of 1989 dt.04-05-2012 4 returned home and told everything to the informant (P.W.8). Thereafter, the informant Bhagwati Sharan Thakur (P.W.8) went to the said Diara alongwith his co-villagers Mukhdeo Raut, Rikhdeo Raut, Kailash Raut, Chandradeo Raut and Krishnadeo Raut to search his uncle (deceased). He (P.W.8) alongwith the aforesaid villagers searched for Baidyanath Thakur (deceased), but he was not found and then they returned home and while returning in the way, he heard one Bipin Thakur (not examined) saying that the crime has been committed now secretly, but now in the broad day light murder and loot would be done. Thereafter, while coming back home the informant (P.W.8) met Bhagwat Thakur at his Bathan, which was near the Ghat, and Bhagwat Thakur told him that in the preceding night at about 10.00 P.M., appellants Rajdeo Raut, Thakur Raut, Ramashray Raut, accused Nagina Raut (since dead), appellants Ugam Raut, Kisun Raut and Satyanarayan Raut, all of village Majharia alongwith 5-6 persons were seen on the bank of the river at the aforesaid Ghat and some of them were taking out water from the boat. Thereafter, all the aforesaid persons boarded in the said boat and he (Bhagwat Thakur) asked them to board him also for going to the other side as he had to carry meal for his son, but the accused persons told him that they will not allow him to sit on the said boat as they were going for different work and thereafter, all started on

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.