ANIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under Sections 302/34 and 201/34 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo imprisonment for life and further sentenced to undergo rigorous imprisonment for seven years under both the counts. The sentences are, however, to run concurrently.

(2.) Facts of the case briefly stated are that deceased Dhiran Singh had a talk with one Wokil Singh for purchase of one bigha of land for consideration money of Rs. 20,000.00. On Sunday, i.e., 15.11.1992 in order to go to village Permanandpur for making payment of the balance dues of Rs. 9,000.00 he left his house in the mid-night to catch the train. When Dhiran Singh did not return to his house for some time, the informant sent the wife of the deceased appellant Jira Devi to village Permanandpur to find out why Dhiran Singh did not return. When appellant Jira Devi returned from village Permanandpur, it was disclosed that Dhiran Singh had returned from that village on Sunday (15.11.1992) itself. In the meantime, on 19.11.1992 at about 4 p.m. One Ram Bilash Yadav disclosed that a dead body was lying in Sirsiya Bahiyar. On getting this information, the informant and other villagers a lived at the place and saw Dhiran Singh lying dead. It was further discovered that there was a cut mark on the abdomen and the dead body was drowned by tying stone pieces. The informant suspected that while his son was going with money, he was killed and in order to conceal the evidence, the dead body was thrown into the water. On the basis of the above fardbeyan, the police registered a regular case and submitted charge-sheet against the abovementioned two appellants and others, namely, Surendra Singh and Ram Bilash Yadav, who were ultimately acquitted.

(3.) The defence of the accused-persons was total denial of the allegations. At the very outset, it may be mentioned that there is no eye-witness to the occurrence in this case and, therefore, the whole case is based on circumstantial evidence. According to the prosecution, though there was no allegation against the appellants in the First Information Report but during investigation, it was discovered that appellant Jira Devi was in love with appellant Anil Kumar Singh, therefore, in order to get rid of Dhiran Singh, both the appellants in league of other accused-persons, committed the murder.