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8) The trial court keeping in mind the criminal antecedents of the appellants Krishna Singh and Jawahar Koiry, considered it justified to sentence them to death holding that the punishment of life imprisonment would be inadequate for the offence under Section 364A/34 IPC committed by them. However, noting that the remaining accused did not have any criminal history, the court sentenced them to undergo imprisonment for life for the offence punishable under Section 364A/34 IPC. The appellants were further sentenced to undergo Rigorous Imprisonment (RI) for 10 years for the offence under Section 395 IPC and since the  accused appellants Krishna Singh and Jawahar Koiry were already sentenced for the offence under Section 395 of the IPC, the court found it fit not to pass any separate sentence against them for the offence under Section 412 of the IPC.

 Accused Name Charged Conviction Conviction Conviction by Trial & Sentence by High Court by Trial Court Court 1 Krishna Bihari 364A/34, 364A/34, Death & 10 Not Singh @ 120B, 395, 412 years RI confirmed.

                   Krishna Singh 395,                                         Raised    to
                                  412/34                                      20 years RI
       2           Prabhawati     412/34       Acquitted    X                 X
                   Devi
       3           Lal      Mohar 412/34       Acquitted    X                 X
                   Singh
       4           Rajbahadur     412/34       Acquitted    X                 X
                   Singh       @
                   Chunnu Singh
       5           Jawahar Koiry 364A/34,      364A/34,     Death & 10 Not
                   @      Jawahar 120B,        395, 412     years RI   confirmed.
                   Singh @ Neta 395, 412                               Raised    to
                   Jee                                                 20 years RI
       6           Shyam Bihari 364A/34,       364A/34,     Life & 10 20 years
                   Paswan         120B,        395          years RI

       7           Rambriksha     364A/34,     364A/34      Life              20 years
                   Koiry          120B,

       8           Harbanse       368, 412     364A/34      Life              20 years
                   Ram
       9           Angad Koiry    364A/34,     364A/34,     Life & 10 20 years
                                  120B,        395          years RI

       10          Hirdayanand    364A/34,     364A/34      Life              20 years
                   Koiry          120B,

       11          Mangala        364A/34,     364A/34      Life              20 years
                   Singh          120B,

       12          Saroj Singh    364A/34,     364A/34      Life              20 years
                                  120B,

       13          Birbal         364A/34,     364A/34,     Life &     10 20 years
                   Choudhary @ 120B,           395          years
                   Mukhiya Jee    395
       14          Ramashraya     364A/34,     364A/34      Life              20 years
                   Koiry          120B,

       15          Ramdarash      364A/34,     364A/34      Life              20 years
                   Koiry          120B,

55) As a consequence, this appeal stands dismissed.

CRIMINAL APPEAL NO. 1858 OF 2013

56) Harbanse Ram (A-8) is the appellant in this appeal. He is convicted under Section 364A/34 IPC and was acquitted of the charge under Section 412 IPC. His lawyer argued that his name was not mentioned in the first chargesheet. Further, as far as A-8 is concerned, charges were framed only under Section 368 and  412 IPC and, therefore, his conviction under Section 364A/34 was legally not tenable.