BIHARI NATH GOSWAMI Vs. SHIV KUMAR SINGH

JUDGEMENT

(1.) This appeal has been filed by father of one Anup Goswami (hereinafter referred to as the deceased) who allegedly lost his life on 14.4.1991. The respondents 1 to 6 and four others were stated to be responsible, first for his abduction and thereafter his murder. The 4th Additional Sessions Judge, Dhanbad in S.T. No. 37/1993 found the respondent guilty for the offence punishable under Section 364 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC) and under Section 302 read with Section 149 IPC.

(2.) Once Madan Singh who was stated to be the kingpin in the whole incident died during trial. Similar is the case with one Jitu Madan who died during trial. Ram Narain Singh, son of accused Madan has absconded, so also one Ashok Goswami who jumped bail and therefore the trial court did not record any findings so far as he is concerned.

(3.) The prosecution version in a nutshell is as follows: