RAM BALAK SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Rambalak Singh has been convicted for the offences punishable under Sections 302 and 201, IPC and has been sentenced to imprisonment for life for the offence punishable under Section 302, IPC and to undergo rigorous imprisonment for five years for the offence punishable under Section 201, IPC. The sentence have been ordered to run concurrently.

(2.) ADMITTEDLY, Rambalak Singh is a son of one Ram Parichhat Singh, a first cousion of the husband of one Sheela Devi. According to the prosecution case, a 'Banswari' situated in village Ritwara, P.S. Bajipati, district Sitamarhi, was a joint property of Sheela and Ram Parichhat. Sheela's house had fallen and hence she was living in the house of co-villager Lalita Devi (P.W. 6). To reconstruct her fallen house Sheela visited the Banswari on 20-10-1986, a Monday, and got about 30 bamboos cut by her younger brother Rambilash Singh (P.W. 8). Appellant Ram Balak along with his brothers Rambabu Singh, Lalbabu Singh and their father Ramparichhat Singh went there and threatened Sheela with disappearance of her dead body as she had got the bamboos cut. On the same evening, Sheela left Lalita's house to see 'Korabati' (building materials) at the site of her own fallen house. But she never returned. Lalita informed co-viliager Satrughan (P.W. 2) who searched for her but in vain. Eventually he informed Sheela's Samdhi, Ram Sajeevan Mishra (P.W. 11), He visited Itwara, searched for her unsuccessfully and lodged a Sanha (Ext. 7) at the Bajpati Police Station.

(3.) POLICE, after completing investigation, submitted charge-sheet against appellant Rambalak Singh, his brothers Lalbabu Singh and Rambabu Singh and their father Ramparichhat Singh. In due course all the four were put on trial before the Sessions Judge, Sitamarhi. The learned Sessions Judge found appellant Rambalak Singh guilty of the ollence punishable under Sections 302 and 201, IPC and sentenced him, as above. But he acquitted the three other accused.