PATNA, India, July 9 -- Patna High Court issued the following judgment on July 3:
Heard learned counsel for the appellants and learned APP for the State.
2. This present appeal has been filed under Section 374(2) of the Code of Criminal Procedure Code, 1973 (hereinafter referred to as the 'Code') passed against the judgment and order of conviction dated 09.06.2011 / 15.06.2011 passed by the learned Additional Sessions Judge, Fast Track Court- Vth, Bhagalpur in Sessions Trial No. 20 of 2007 whereby and where under, the appellants have been convicted under Sections 365, 379, 147 148 and 149 of the Indian Penal Code (hereinafter referred as 'IPC') and sentenced to undergo rigorous imprisonment for five years and fine of Rs. 5,000/- for the offence punishable under Section 365 of the IPC, rigorous imprisonment for three years for the offence punishable under Section 379 of the IPC, rigorous imprisonment for one year for the offence punishable under Section 147 of the IPC and rigorous imprisonment for two years for the offence punishable under Section 148 of the IPC. All the sentences are directed to be run concurrently.
3. On the basis of the written report of informant namely Ghanshyam Yadav, the case of the prosecution in brief is that informant and his staffs Subhash Yadav, Vinod Yadav, Pankaj Raj, and Vasuki Dhar Mandal, who work as Munshi of Ghat Collector. They give tickets to those who go from one side to the other. On 18.11.1994 at around 9:00 AM, 60-70 peoples armed with sticks, revolvers and iron rods came from Ratnesh Babu's ship from the other side. Rajesh Kumar took stick in his hands and led them towards the counter of these people (Informant and others). Informant and others got scared that the same boy was not paying the ticket money yesterday and had created a hassle, all these people were coming to kill the informant and his staffs, so he (Informant) ran towards the east from the counter, from behind his friends Pankaj Ram, Vinod Ram, Javed Miyan and Subhash Yadav, who were near the money at the counter, also ran away. The informant turned back and saw that Rajesh Kumar was carrying a stick in his hand, Ranjan Kumar Jaiswal was carrying a revolver, Dinesh Kumar was carrying a rod, Ramesh Kumar was carrying a whip made of electric wire and the other two were carrying weapons. He recognized Subhash Yadav running towards the east of the counter and everyone surrounded him and started beating him. The rest of the people were chasing the other companions of the informant. He (the informant) was watching from the ditch next to the banyan tree that the counter was being destroyed. They took Rs 3500/- from the box. When they failed to catch the other staffs, they beat up Subhash and took him to the ship. It is possible that he may kill him and drown him in the Ganges.
4. On the basis of the above written report, Kotwali Sadar Bhagalpur police station case number was registered as 570 of 1994 and the investigation of the case was given to the Investigating Officer, who after investigation found the case to be true and registered under Sections 147, 148, 149, 364, 365, 385 and 379 of the IPC against the accused and Sections 25 (1-B), 26 and 35 of the Arms Act. Charge sheet was submitted and cognizance of the crime was taken by the Chief Judicial Magistrate transferred the case to the Court of the Judicial Magistrate for trial, who handed over the said case to the Court of Sessions.
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