STATE OF BIHAR Vs. BACHESH KUMAR SINGH
LAWS(PAT)-2021-5-48
HIGH COURT OF PATNA
Decided on May 21,2021

STATE OF BIHAR Appellant
VERSUS
Bachesh Kumar Singh Respondents

JUDGEMENT

Ashwani Kumar Singh,J. - (1.) The appellants in these appeals challenge the common judgment of conviction dated 27.10.2016 and order of sentence dated 15.11.2016 passed by the learned 3rd Additional Sessions Judge, Jehanabad in Sessions Trial No. 93/2013 / 281/2015. By the aforesaid judgment dated 27.10.2016, the appellants have been convicted for the offences punishable under Sections 148, 302/149, 307/149 of the Indian Penal Code, 27 of the Arms Act and 3/4 of the Explosive Substances Act. Consequent upon conviction, vide aforesaid order dated 15.11.2016 the appellants Bachesh Kumar Singh in, Budhan Yadav, Gopal Sao, Butai Yadav, Satendra Das, Lalan Pasi, Dwarik Paswan, Kariman Paswan, Gorai Paswan and Uma Paswan have been sentenced to death and the appellants Mungeshwar Yadav, Vinay Paswan and Arvind Paswan have been sentenced to undergo imprisonment for life and a fine of Rs.1,00,000/- for the offence punishable under Section 302/149 of the Indian Penal Code and in default of payment of fine to undergo further imprisonment for two years. All these appellants have been further sentenced to undergo R.I. for three years and a fine of Rs.10,000/- for the offences punishable under Section 148 of the Indian Penal Code and in default of payment of fine to undergo further imprisonment for six months, R.I. for ten years and a fine of Rs.50,000/- for the offence punishable under Section 307/149 of the Indian Penal Code and in default of payment of fine to undergo further imprisonment for two years, R.I. for three years and a fine of Rs.10,000/- for the offence punishable under Section 27 of the Arms Act and in default of payment of fine to undergo further imprisonment for six months and R.I. for three years and a fine of Rs.10,000/- for the offence punishable under Section 3/4 of the Explosive Substances Act and in default of payment of fine to undergo further imprisonment for six months. It is directed by the Trial Court that all the sentences shall run concurrently.
(2.) After passing the impugned judgment and order, the Trial Court made a reference under Section 366 of the Code of Criminal Procedure (for short "Cr.P.C") for confirmation of death sentence awarded to the convicts Bachesh Kumar Singh, Budhan Yadav, Gopal Sao, Butai Yadav, Satendra Das, Lalan Pasi, Dwarik Paswan, Kariman Paswan, Gorai Paswan and Uma Paswan, which has been registered as Death Reference No. 2 of 2017.
(3.) The appeals preferred by the appellants and the reference made by the Trial Court have been heard together and are being disposed of by a common order.;


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