PATNA, India, Feb. 21 -- Patna High Court issued the following order on Jan. 20:

1. Heard learned counsel for the appellants, learned Additional Public Prosecutors for the State as also learned counsel for the informant.

2. The records of these appeals have been placed before this Court to consider the prayer of the appellants for suspension of their sentence and release on bail during pendency of the appeals.

3. The appellants in these appeals have been convicted vide judgment dated 09.07.2024 and sentenced vide order dated 11.07.2024 passed by learned Additional District and Sessions Judge-III, Kaimur at Bhabhua, in Sessions Trial No. 82 of 2021, arising out of Chand P.S. Case No. 157 of 2020, for the offences punishable under Sections 302/364/201 of the Indian Penal Code. They have been ordered to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000/- for the offence punishable under Section 302 IPC and in default of payment of fine, they have to further undergo rigorous imprisonment for two months. For sake of brevity, the sentences awarded under other sections are not mentioned.

4. The prosecution case is based on the fard-beyan of Madhu Devi (PW 4), who is the wife of the deceased, recorded on 21.11.2020 at 07:45 am in Baheria by S.I. Sanjay Kumar (PW 6). According to the informant (PW 4), on 20.11.2020 at about 05:00 PM, she had gone to the Chhath Ghat to perform the rituals of the Chhath Vrat. She had left behind her daughter Rinki Kumari (PW 1) and son. At about 9 O'clock in the night, her daughter raised hulla that her father was being taken away by the named accused persons-the appellants. Only after some time, her son Brajesh Kumar (PW 3) came running to her and told her that the named accused persons (the appellants) had taken away his father, whereafter, she along with her son came running to her house and started searching out her husband Tunnu Bind in nearby houses in the neighbourhood, but nothing could be found. She has further stated in her fard-beyan that thereafter she continued the search of her husband with her daughter and members of the family during the whole night near the Gehuwanwa River. Then she claimed that in course of search, on 21.11.2020 at 06:15 am, the dead body of her husband lying in the plot of one Shivmuni Bind was found. There were serious injuries on the body of the deceased, from which she opined that her husband had been killed by the accused persons by a sharp edged weapon because of a land dispute and thereafter threw the dead body outside the village in the field. The fard-beyan of the informant (PW 4) had been witnessed by her daughter Rinki Kumar (PW 1) and Lakhi Devi (not examined).

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/vieworder/NSMxMDEyIzIwMjQjMTEjTg==-rrgK39zHf54=)

Disclaimer: Curated by HT Syndication.