KRISHNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant of this appeal has been convicted under section 302. of the Indian Penal Code and sentenced to rigorous imprisonment for life. He has also been convicted under section 201 of the Penal Code and sentenced to rigorous imprisonment for seven years.

(2.) THE aforesaid convictions have been awarded for committing the murder of one Rajendra Singh of village Palakiya, RS. Sherghati, District -Gaya. The prosecution case is based on the fardbeyan of his son Dhiru Kumar. On 8.1.1993 at 9.45 A. M. he told Sub -Inspector J.N. Singh of Sherghati police station that his father used to go to Sherghati every day. On 7.1.1993 too he went to Sherghati Bazar but did not return in the evening. He (informant) thought that he might have stayed somewhere at Sherghati. When he did not return by the next morning he started making search. He came to learn from the villagers that the dead body of his father was lying in the Morhar river. He went there and found the dead body. It appeared to him that his father had been killed by some unknown by strangulating his neck.

(3.) AT the trial, the prosecution examined nine witnesses to prove its case. Out of them P.W.6 is a witness on the point of seizure. Doctor Arvind Prasad, who held post mortem was examined as P.W. 7. P.W.9 Arvind Kumar Singh examined on the point of attachment of house effects of the appellant to prove that he was absconding. The remaining witnesses were examined on facts. Amongst them P.W. 1 Sanjay Kumar, P.W.4 Dharmendra Kumar Sinha and P.W. 5 Ram Kumar Singh were examined on the point of last seen, while P.W.2 Kail Manjhi and P.W. 3 Binay Kumar Sinha were examined to prove that the appellant was seen at 10 P.M. near the river bank where the dead body was recovered, P.W.6, the informant, re -iterated his fardbeyan version.