PATNA, India, Oct. 28 -- Patna High Court issued the following judgment on Oct. 7:

Heard Mr. Y.C. Verma, learned Senior Counsel assisted by Ms. Shahrukh Alam for the appellants in Criminal Appeal (DB) No. 216 of 2024 and Criminal Appeal (DB) No. 510 of 2024, Mr. Ajay Kumar Thakur, learned counsel for the appellants in Criminal Appeal (DB) No. 237 of 2024 and Mr. Abhimanyu Sharma, learned Additional Public Prosecutor for the State in Criminal Appeal (DB) No. 216 of 2024 and Criminal Appeal (DB) No. 237 of 2024 as also Mr. Binod Bihari Singh, learned Additional Public Prosecutor for the State in Criminal Appeal (DB) No. 510 of 2024. Ms. Shahrukh Alam, learned counsel has appeared physically as well as virtually through online mode and assisted this Court.

2. These three appeals are arising out of judgment of conviction dated 13.02.2024 (hereinafter referred to as the 'impugned judgment') and the order of sentence dated 13.02.2024 (hereinafter referred to as the 'impugned order') passed by learned Special Judge of M.P/M.L.A. Court-cum-Additional Sessions Judge-III, Bhojpur at Ara (hereinafter referred to as the 'learned trial court') in Sessions Trial No. 123 of 2019 arising out of Azimabad P.S. Case No. 51 of 2015.

3. By the impugned judgment, the learned trial court has been pleased to convict all the appellants for the offences punishable under Sections 302, 364 and 201 of the Indian Penal Code (in short 'IPC') read with Section 149 IPC.

4. By the impugned order, the appellants have been ordered to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each for the offence punishable under Section 302/149 IPC and in case of default in payment of fine, they have to further undergo three months simple imprisonment. For the offence under Section 364/149 IPC, they have to undergo ten years rigorous imprisonment and to pay a fine of Rs.10,000/- each and in case of default in payment of fine, they have to further undergo three months simple imprisonment. For the offence punishable under Section 201/149 IPC, they have to undergo three years rigorous imprisonment and to pay a fine of Rs.5,000/- each and in case of default in payment of fine, they have to further undergo one month simple imprisonment. All the sentences are to run concurrently .

Prosecution Case 5. The informant (PW-8), namely, Chandan Kumar Singh in his written application alleged that his father, namely, Jay Prakash Singh was abducted and after his murder his dead body has been hidden. The informant and his father were coming together when (1) China Ram, (2) Bharat Ram, (3), Triloki Ram, (4) Prabhu Chaudhary, (5) Ramanand Prasad, (6) Chandraghan Ram, (7) Jai Kumar Yadav, (8) Nandu Yadav, (9) Tantan Chaudhary, (10) Manoj Chaudhary, (11) Sarvesh Chaudhary, (12) Pavan Chaudhary, (13) Nand Kumar, (14) Ram Bali, (15) Guddu Chaudhary, (16) Gabbar Chaudhary, (17) Prem Ram, (18) Manoj Manjil, (19) Jawahir Paswan, (20) Baban Chaudhary, (21) Ramadhar Chaudhary, (22) Ravindra Chaudhary, (23) Shiv Bali, (24) Rohit Chaudhary, and other unknown persons caught the informant's father when his Aam Sabha had come to an end. While returning home, they caught hold of his father and started assaulting him by lathi, danda, bricks and stones instigating to kill him as he belongs to an upper caste. The informant somehow saved his life. The accused persons assaulted his father mercilessly as a result whereof he died on the spot. They also hid his dead body. The time of the occurrence was about 06:00-06:30 Hours.

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