RAM BABOO BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 30.11.1990 passed by the Sessions Judge, Sitamarhi in S.Tr.No. 66/1990 arising out of Dumra P.S.Case No. 194/1989 whereby and whereunder both the appellants have been convicted for offence under sections 120B, 364, 302/34 and 201 of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for life on each of the count of section 120B, 302/34 and 364 I.P.C. as also five years R.I. for offence under section 201 I.P.C. Such sentences, however, in case of both the appellants have been directed to run concurrently.

(2.) THE prosecution case in nut-shell as per the First Information Report of Shankar Rai (P.W.7) lodged by him on 17.11.1989 at about 12.30 P.M. in the afternoon in Dumra Police Station is that on 9.11.1989 at about 9 A.M. in the morning he had seen the appellant Ram Babu Bhagat to have arrived in his house and had also taken away his father. According to the informant when his father did not return in next 2-3 days, he had gone to the house of Ram Babu Bhagat to ascertain the whereabouts of his father but he could not get hold of Ram Baby Bhagat and his mother Surajbati Devi was also not available in the house. The informant has further stated that on enquiry all that he could come to know was that some 2-3 days earlier Surajbati Devi alongwith his brother appellant Ram Shrestha Raut and appellant Ram Babu Bhagat had left their house at about 8 A.M. in the morning and had not returned as yet.

(3.) ON the basis of the aforementioned information given by the informant Shankar Rai (P.W.7) the police had instituted Dumra P.S.Case No. 194/1989 initially under section 364 I.P.C. and had taken up the investigation. Later on it appears that in the night of 17.11.1989 the police had arrested Surajbati Devi and the appellant Ram Shrestha Raut from the house of the sister of Surajbati Devi at 1.40 A.M. and when they had made a confessional statement as with regard to kidnapping as also murder of Musahar Rai, deceased, the father of the informant, and had disclosed the concealment of the dead body in the field of Uttim Raut in eastern portion of village Bela, a dead body without its head was recovered at 9 A.M. on 19.11.1989 whereafter the offence under section 302 as also 201/34 I.P.C. was added in the F.I.R. of Dumra P.S. Case No. 194/1989 and the police after investigation had submitted its charge sheet against the two appellants as also Surajbati Devi. The case thereafter was committed to the court of Sessions on 28.3.1990 and had led to the present trial wherein the learned Sessions Judge, Sitamarhi by the impugned judgment while convicting both the appellants had acquitted co- accused Surajbati Devi. This appeal is only against such judgment of conviction and sentence of both the appellants Ram Babu Bhagat and Ram Shrestha Raut.