PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 3:

Cr. Appeal (DB) No. 859 of 2024 has been preferred for setting aside the judgment of conviction dated 27.05.2024 (hereinafter referred to as 'the impugned judgment') and the order of sentence dated 30.05.2024 (hereinafter referred to as 'the impugned order') passed by learned 9th Additional Sessions Judge, Rohtas at Sasaram (hereinafter called 'the learned trial court') in Sessions Trial No. 429A of 2006 (C.I.S. Case 889 of 2014) arising out of Karakat P.S. Case No. 94 of 2005.

2. Cr. Appeal (DB) No. 949 of 2010 and Cr. Appeal (DB) No. 1020 of 2010 have been preferred for setting aside the judgment of conviction dated 20.07.2010 (hereinafter referred to as 'the impugned judgment') and the order of sentence dated 24.07.2010 (hereinafter referred to as 'the impugned order') passed by learned Additional Sessions Judge, FTC II, Rohtas at Sasaram (hereinafter called 'the learned trial court') in S.T. No. 429 of 2006, Trial No. 317 of 2009 arising out of Karakat P.S. Case No. 94 of 2005.

3. By the impugned judgments, all the appellants in Cr. Appeal (DB) No. 949 of 2010 and Cr. Appeal (DB) No. 1020 of 2010 have been convicted for the offence punishable under Section 302/34 of the Indian Penal Code (in short 'IPC') and have been ordered to undergo life imprisonment under Section 302/24 IPC

4. The appellant, namely, Ritesh Kumar Singh in Cr. Appeal (DB) No. 859 of 2024 has been convicted for the offence punishable under Section 302/34 IPC and has been ordered to undergo life imprisonment with a fine of Rs.5,000/- and in default of payment of fine, he will further undergo rigorous imprisonment for six months.

Prosecution Case 5. The prosecution case is based on the Fardbeyan of Rajnish Kumar Singh @ Annu recorded by S.I. J. Ansari on 01.09.2005 at 06:00 AM at Karakat P.S. In his fardbeyan, he has stated that on 31.08.2005 at 11:00 AM, his uncle, namely, Bipin Bihari Singh had an altercation with his co-villagers, namely, Damodar Singh, Ajay Singh and Munna Singh but villagers pacified the matter. On the same day at 07:30 PM, in the evening, when his uncle was going outside the village to attend nature's call, on the way he reached 'Pakki road' near 'pond pitch road', at that time, the informant was also present as he was returning after attending nature's call. The informant saw the accused persons, namely, Damodar Singh, Ajay Singh @ Narhar Singh, Madhuban Singh @ Munna Singh, Pappu Singh, Ritesh Kumar Singh and Munna Singh armed with lathi and farsa had surrounded his uncle. The informant in torch light saw that Damodar Singh was armed with farsa and rest of the accused persons were armed with danda. The informant alleged that Ritesh Kumar Singh ordered to assault his uncle, on which all the accused persons assaulted his uncle by lathi-danda and in the meantime, Damodar Singh assaulted his uncle on his head by farsa causing head injury due to which he fell down on earth and became unconscious. In the meantime, the villagers assembled, then the accused persons fled away. The informant was carrying his uncle in unconscious condition for treatment to Dehri but near Itma his condition started deteriorating, then his uncle was brought to Gaya Nursing Home at Itma and during treatment on 01.09.2005 at 03:00 AM, his uncle died.

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