SHAMBHU NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Shambhu Nath Singh has been convicted under sections 304, 302 and 201 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life- under section 302 I.P.C. and further sentenced to undergo R.I. for ten years under section 364 and for a period of five years under section 201 I.P.C. All the sentences were directed to run concurrently.

(2.) The prosecution story as per the written report of the informant is that on 11.11.1984 the informant's son Mahendra Kumar and Ashok Kumar had gone to take wine in Sipara Bhatti and in course of drinking wine some altercation took place with Shambhu Pd. Singh and his friends and in course of quarrel they took away Mahendra Kumar and Ashok Kumar to some unknown place. The informant along with the villagers made search of Mahendra Kumar and Ashok Kumar but could not get any trace of them. So the informant was going to inform the police along with Ram Prasad P.W. 5 and on the way he met the appellant and all of them were proceeding to the police station but on the pitch road a mail van of G.P.O. was coming on which there was police force also. On that van the informant along with Ram Prasad Ram and the appellant boarded but on the way the informant and Ram Prasad were asked to get down and go to Jakkanpur P.S., and the van went away along with the appellant. On the basis of the written report of the informant a case under sections 364/365 of the I.P.C. was instituted against the appellant and the driver as well as the overseer of the van. Later on the case was converted into section 302/201/34 I.P.C. read with section 27 of the Arms Act, after the recovery of the dead body of Mahendra Kumar and Ashok Kumar. The police submitted charge sheet in the case under section 302/364, 201/34 of the Indian Penal Code, on the basis of which congnizance was taken and the case was committed to the court of session for trial.

(3.) In this case the prosecution has examined altogether 12 witnesses out of whom P.W. 1 is Binod Prasad, P.W. 2 Chandra Mohan Prasad is the own brother of the deceased Ashok Kumar. P.W. 3 Lal Bihari Prasad (informant), P.W. 6 Ram Pati Ram who is dafadar of the village. P.W. 7 Ram Briksh Ram has been tendered, P.W. 8 Ram Prasad Paswan has been declared hostile. P.W. 9 Rajendra Singh is a witness on inquest report who has proved his signature as also the signatures of Ajit Kumar (Ext. 1/1 to 1/4). P.W. 11 Dr. Ram Krishna Pd. Singh had conducted the autopsy on the dead body of the deceased and P.W. 12 Ram Raj Singh is the I.O. of this case. As such it would appear that the above named witnesses are not on the point of occurrence.