PARAS CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Six appellants were put on trial in Sessions Trial No. 51 of 1978 / 187 of 1987 by framing charges against them under sections 364 and 302/149 of the IPC. The appellants were found guilty of the two offences and each of them was directed to suffer rigorous imprisonment for ten years under section 364 IPC and rigorous imprisonment for life for their individual conviction under sections 302/149 IPC.

(2.) The deceased Rama Shankar Kanu, who happened to be the full brother of P.W. 4 Sudama Kanu, was allegedly coming from Gopalganj after attending to a pending court proceedings there. The informant with some others were sitting in some orchard and there the appellants were also sitting with the informant. It is said that when the deceased Rama Shankar Kanu reached there, the appellant Bachu Choudhary put a lathi in the front wheel of the cycle of the deceased, as a result of which, the deceased stopped his cycle. All the appellants, thereafter, surrounded him and took him away along with his cycle.

(3.) The informant Rama Nand Kanu came and informed P.W. 4 Sudama Kanu who set out on a search of his brother, but could not find him. Subsequently, after a few days, some rumour was afloat came out that a dead body had been located in a particular well situated in the fields and, as such, people went there and found that it was the dead body of the deceased Rama Shankar Kanu which was packed in a gunny bag. This is how the FIR was lodged.