SUBHAG KOERI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Subhag Keori, Shri Ram Koeri, Madan Ahir and Balister Awadhia have challenged the judgment and order dated 8.12.1989 passed in Sessions Trial No. 325 of 1982 by the learned Sessions Judge, Gopalganj convicting all the four appellants under Section 302/34 and sentencing each of them to undergo rigorous imprisonment for life and further convicting them under Section /34 and 379 of the I. P. C. and sentencing each of them to undergo rigorous imprisonment for three years under each of the sections and further convicting the appellant Subhag Koeri under Section 364 of the I. P. C. and sentencing him to undergo rigorous imprisonment for four years and it was ordered that all the sentences of all the appellants to run concurrently.

(2.) According to the informant (P. W. 5), in the night between 15-16.05.1981 while he was sleeping in his Dalan in village Khem Matihania, his daughter Subhasini (deceased) was sleeping inside the house. In the morning, the informant's wife informed him that Subhasini was missing. The informant tried to locate her, but could not get any trace. When he returned after search, his villager P. W. 3 Rajdhari and P. W. 2 Barhu Koeri told him that they had seen Subhasin going with appellant Subhag Koeri and Manu Koeri. The written information given by the informant resulted into formal FIR (Ext. 2) of Kuchaikote P. S. Case No. 43 dated 15.05.1981/ G. R. No. 480/81. The written report has not been brought on the record and only signature of the informant has been proved by the prosecution, which has been marked as Ext. 1. The case was registered only under Section 363 of the I. P. C. , but in course of investigation, Manu Koeri was apprehended on third day of the occurrence. The dead body of Subhasini was recovered from the well on the alleged confession 8.05.1981, Section 302 of the I. P. C. was added. The dead body of Subhasini was identified by the informant. The investigating Officer prepared a seizure list (Ext. 3). The post-mortem report (Ext. 4) was obtained though inquest report was made, but has not been brought on the record. After completion of the investigation, charge-sheet was submitted. The case was committed to the court of sessions where charge under Sections 302/34, 201/34 and 379/34 of the I. P. C. was explained against these appellants and Manu Koeri. Charge under Section 364 of the I. P. C. was framed against the appellant Subhag Keori and Manu Koeri. Manu Koeri took a plea that he was juvenile and so his case was separated from the court of sessions, which was transferred to the Juvenile Court vide order dated 12.09.1986. As the appellants pleaded innocence, so the trial proceeded.

(3.) The defence of the appellants was that Manu Koeri was having very intimate relationship with Subhasini (deceased). This was not tolerated by the informant and his persons and so they killed her and implicated others in the false case.