SHEO JEE BHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has challenged his conviction and sentence under Section 302 read with Section 34, IPC, as well as his conviction and sentence under Sections 201 and 379, IPC. He has been sentenced to undergo rigorous imprisonment for life for his conviction under Section 302/34, IPC. He has been sentenced to undergo rigorous imprisonment for five years for his conviction under Section 302 read with 201, IPC and three years under Section 379, IPC. The sentences have been directed to run concurrently by judgment dated 19.7.1988, passed by the learned Additional Sessions Judge, Bhojpur. Arrah, in Sessions Trial No. 377 of 1986.

(2.) On the basis of the statement of one Chandrika Paswan, chowkidar of village Mahdah, PS Buxar Muffasil. district Bhojpur, fardbeyan (Ext. 6) was recorded at Buxar Muffasil Thana on 13.2.1986. It was stated therein that on 13.2.1986, at about 6 to 7 a.m., news went round the village that in the orchard situate on the North-West of the village, one person was found dead after being hit with a sharp- cutting weapon and it was thrown in the ditch. The informant along with Vimal Kurmi and many co-villagers went to the spot and found that there were injuries by sharp- cutting weapon on both sides of the ears of the deceased. Nobody was able to identify the dead body which appeared to be of a Hindu male between 35 to 40 years of age. The fardbeyan was against unknown persons. On the basis of the Jardbeyan, formal first information report (Ext. 1) was drawn. conclusion of investigation, charge-sheet was submitted against the appellant as well as one Munna Khan @, Imtiaz Khan under Section 302 read with 34. 302 read with 201 and 379, IPC, for the murder of one Lala Yadav. The learned Chief Judicial Magistrate took cognizance of the offences and committed the case to the Court of Sessions for trial of both the accused. The learned Additional Sessions Judge framed charges against both the accused persons under Section 302 read with Section 34, IPC, and also under Section 302 read with Section 201, and under Section 379. IPC.

(3.) The prosecution examined the following 10 witness :