BACHAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The case was running on the daily cause list for quite some time. Since no one appeared to assist the court, Mr.Harish Kumar, an Advocate, who was present in the court was requested to appear amicus curiae in the matter. He agreed to our request and ably assisted the court.

(2.) The appeal is directed against the judgment and order dated 9.6.1989 passed by Sri Budhadeo Narain Sinha, the 3 rd Additional Sessions Judge, Gopalganj in Sessions Trial No.109 of 1987/12 of 1987 by which appellant no.1, Bechan Sah has been convicted under section 302 of the Indian Penal Code and appellant no.2, Tiha Sah has been convicted under section 302 read with section 34 of the Indian Penal Code and both of them have been sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution case is based upon oral statement of Sheo Charan Mahto (since deceased) which was recorded in Gopalganj Sadar Hospital on 30.5.1986 at 1 a.m. by Sukhlal Dubey, Sub.Inspector of Police of Gopalganj Police Station (not examined). The said fardbeyan was forwarded to the Officer Incharge, Mahammadpur Police Station on 30.5.1986 itself for necessary action as the place of occurrence fell within his jurisdiction. Mr. Laxmi Narain Manjhi (P.W.7) Officer Incharge, Mohammadpur Police Station thereafter sent the said fardbeyan to the Officer Inchage Baikunthpur Police Station to register a case under sections 147, 323 and 324 of the Indian Penal Code and directed the Assistant Sub. Inspector of Police, Randhir Kumar Rai (P.W.5) to investigate the case. Accordingly, on 30.5.1986 at about 6 p.m. Baikunthpur (Mohammadpur) P.S. Case No.64 of 1986 was instituted and investigation was taken up.