MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted by the judgment dated 7.11.1992 passed by the learned 3rd, Additional Sessions Judge, Bettiah, West Champaran in Sessions Trial No. 168 of 1993 by which he has convicted the appellants under Section 364, 109 I.P.C. and in addition the co - accused Kolai Singh and Suresh Singh have been convicted under Section 364 I.P.C. and sentenced to rigorous imprisonment 10 years and a fine of Rs. 2000/ - in default of which 3 months rigorous imprisonment. It appears that the appellants had initially been charged also under Section 302, 201 I.P.C. but they have acquitted of the charges by the Trial Court.

(2.) The case of the prosecution is that on 29.10.1993 the brother of the informant i.e. Ramakant Singh was called away by Tahsildar and Chandra Sekhar on the pretext that he was being called by Kolai Singh at which Ramakant left with them. Subsequently the dead body of Ramakant was found near a pond.

(3.) It was suspected that the appellant no.3 was involved in the murder of Ramakant with whom there was old enmity.