BALI HAZAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life vide judgment and order dated 24.5.1994 passed by 2nd Addl. Sessions Judge, Jamui in S.T. No. 408/91.

(2.) The prosecution case is that one Babulal Sah gave his fardbeyan on 1.8.1989 at 4.30 p.m. the Ex-Sarpanch Lakheshwar Yadav of village Jamha came at about 10 a.m. and disclosed that his son Ganesh Sah was lying dead. He along with his family members and the villagers went there and found his son lying dead. He also found injuries on his person. There was no house of any person where the dead- body of his son was found. He inquired about the occurrence but nothing came to light. Lakheshwar Yadav had gone to see his field and he found his son lying dead. He appre-hended that while his son was corning from Jasidih Railway Station the miscreants had killed him.

(3.) On the aforesaid fardbeyan a formal First Information Report was drawn. Investigation was taken up and after completion of investigation charge- sheet was submitted. On receipt of charge-sheet the Court took cognizance and committed the ease to the Court of Sessions for trial. The trial Court convicted the appellant as indicated above.