JUGAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant has challenged the judgment and order of conviction and sentence dated 24th of June, 1988 passed by Shri Kashi Nath Roy, learned 6th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 273 of 1985 whereby and whereunder the Appellant has been held guilty for the offence under Sections 302/34, 364/34, 201/34 of the Indian Penal Code, convicted accordingly and sentenced to undergo rigorous imprisonment for life under Section 302/34, rigorous imprisonment for ten years under Section 364/34 and rigorous imprisonment for two years under Section 201/34 of the Indian Penal Code. However, all the sentences were directed to run concurrently.

(2.) The prosecution case started rolling with the fardbeyan of Prayag Mandal P.W. 10 recorded by the S.I., Arvind Singh P.W. 3 of Mahagama Police Station on 6.1.1984 at 11 A.M. in presence of Satya Narain Singh, Amrendra Kumar Singh and Gopal Prasad Singh (all not examined) to the effect that on 5.1.1984 Gopal Mandal (dead), Jugal Paswan (present Appellant) took Baboo Lal Mandal (deceased) to Murhan Hat and therefrom to Telwara for purchasing ox. On 6.1.1984 in the morning Gopal Mandal and Jugal Paswan came back to the village. When the informant and others inquired about Baboo Lal Mandal (deceased) then both of them replied that victim never went with them and suggested that victim might had gone to participate in some feast.,Thereupon, the informant and other villagers started assaulting the present Appellant and Gopal Mandal. Then both of them disclosed that Baboo Lal Mandal has been killed and his dead body has been thrown near Hanwara Ghat. Thereafter, both the accused persons were taken to Sabour Police Station by the local chowkidar and few villagers. Thereafter, the informant and others went to locate the dead body and on location of the dead body, it was identified to be of Baboo Lal Mandal. It is further alleged that in the Murhan Hat area, Ganga Keshri and Sant Lal Yadav (both not examined) and others saw the two accused persons in the company of the deceased. Hence, it was claimed by the informant that both the two accused persons by throttling killed the informant's nephew but the two accused have not disclosed the name of their other two associates. On the basis of the aforesaid fardbeyan (Ext.-1), Sabour P.S. Case No. 8 of 1984 was registered under Sections 364/302/34 of the Indian Penal Code on 7.1.1984 at 8.00 p.m.

(3.) The police after investigation, submitted charge sheet against the two accused persons Gopal Mandal and Jugal Paswan. Subsequently, the cognizance was taken and the case was committed to the Court of Sessions where the charges were framed under Sections 302/34, 364/34 and 201/34 of the Indian Penal Code.