- (1.) Leave granted.
(2.) This appeal, by special leave, arises out of judgment and order dated 7/9/2005 passed by the Additional Sessions Judge, FTCI, Begusarai in Sessions Trial No.304 of 2003. In the said Sessions Case, the appellant (A1) along with Mohd. Naushad Alam and Mohd. Sultan (A2 and A3 respectively) was tried for offences punishable under Section 364A read with Section 149 and Section 120B of the Indian Penal Code (for short, "the IPC"). Accused Mohd. Dawood, Sahini Khatoon and Tabbasum Aara (A4, A5 and A6 respectively) were tried for offences punishable under Section 368 read with Section 149 and Section 120B of the IPC.
(3.) Learned Sessions Judge convicted the appellant and A2 and A3 under Section 364A read with Section 149 of the IPC and sentenced them to undergo rigorous imprisonment for life. They were also sentenced to pay fine of Rs.10,000/-. On failure to deposit the fine, they were directed to undergo simple imprisonment for one year. They were also convicted under Section 120B of the IPC and sentenced to undergo rigorous imprisonment for life. A4, A5 and A6 were convicted under Section 368 read with Section 149 of the IPC and under Section 120B of the IPC. They were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-. On failure to deposit the fine, they were directed to undergo simple imprisonment for one year. They were also convicted for offence under Section 120B of the IPC and sentenced to undergo rigorous imprisonment for life. All the sentences were ordered to run concurrently. Being aggrieved by the said judgment and order, the appellant and the other accused preferred appeals to the Patna High Court. The Patna High Court by judgment dated 14/09/2011 confirmed the order of conviction and sentence and dismissed the appeals. The said judgment is challenged in this appeal by the appellant (A1).;