- (1.) The present two appeals are arising out of a common judgment of conviction and order of sentence passed by Additional Judicial Commissioner II -cum-Special Judge - I, CBI (AHD Scam), Ranchi, whereby both the appellants, namely, Thakur Ujjwal Kumar @ Raju @ Thakur Ujjwal Prasad, (appellant in Cr.Appeal (DB) No. 471/2007) and Thakur Singheshwar Kumar @ Chhote (appellant in Cr.Appeal (DB) No. 1322/2007) stand convicted for the charge of section 302/34 I.P.C and 27 of the Arms Act and sentenced to imprisonment for life for the main charge of section 302 I.P.C.
(2.) It needs to be mentioned here that there was third co-accused namely Guddu, who also faced the trial and convicted along with the present two appellants but before the order of sentence could be passed, he fled away. Learned State Counsel is not aware as to whether he has been nabbed by the police or not till date. Even the counsel appearing for complainant/informant is also not aware of this fact.
(3.) Appellant Thakur Singheshwar Kumar @ Chhote was granted the concession of suspension of sentence by the Court, vide order dated 25.11.2011, whereas appellant Thakur Ujjwal Kumar @ Raju @ Thakur Ujjwal Prasad, is in custody. He is stated to be in jail for the last more than 16 years. Considering the custody period of one of the appellants (Thakur Ujjwal Kumar @ Raju @ Thakur Ujjwal Prasad), both the appeals were given priority for their final consideration.;