BUDHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal being aggrieved by and dissatisfied with the judgment and order of the High Court of Patna dated 24.2.1998 affirming the judgment of conviction and sentence dated 29.11.1986 passed by the Additional District and Sessions Judge, IV, Patna in Sessions Trial No. 401 of 1981.

(2.) THE basic fact of the matter is not in dispute.

(3.) THE accused persons thereafter were said to have fled away. The deceased was brought on a cot to the village by Deo Nath Paswan (PW 9), Md. Amanullah (PW 8), Jakiuddin (PW 7), Alauddin Nut (PW 3), Amiruddin (PW 10) and others at about 8 p.m. The accused persons snatched away the deceased Mister Mian along with the cot at the point of firearms whereupon people from Village Shahpur including Mithila Sharan Singh (PW 1) arrived. An information is said to have been sent to the police station by telephone from a nearby Christian mission at about 8.15 p.m. The dead body of Mister Mian was recovered from an open field situated about 750 yards away from the place wherefrom he had allegedly been taken away forcibly.