RAJESHKUMARSINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) -Rajesh Kumar Sinha, Framed Kumar Gupta and Mahesh Kumar Sinha have preferred this appeal against their conviction under Sections 302/34 of the Indian Penal Code (for short I. P. C.) and sentence of rigorous imprisonment for life.

(2.) The case of the prosecution appears to be that on 27-10-1983 at about S.30 A. M. dead body of Ashwani Kumar Sinha was found lying near the Bari of the house of the informant Bishundeo Prasad (P. W. 5), materna-luncle of the deceased. Since before his death the deceased was living with the informant. The dead body was found near Amla tree and where from the dead body was taken to the room where he used to sleep and immediately Shri B. K. Sahay, Advocate a neighbour of the informant was informed. Some neighbours also came and saw the dead body. The father and mother of the deceased were at Deori Block where the father was as Headclerk and on getting the information they came. People, who had collected, were saying that in the night there was some quarrel between the deceased with his friends near Samajbari. From the pocket of the deceased a letter was recovered being addressed to appellant Rajesh Kumar A written report (Ext. 3) was filed on 29-10-1983 at 1.45 P. M. : which formed basis of first information report (Ext. 8). The first information report was registered against unknown.

(3.) Investigation of the case was taken up by Lakshmi Narain Gupta (P. W. 8) who visited the spot and found the dead body and after preparing the inquest report, sent it for post-mortem examination, which was done by Dr. S P. Jaiswal (P. W. 2). The investigation officer (for short I. O.) found a rope also hanging from the tree but on climbing the tree he did not find tying any of string. After completing investigation charge sheet was submitted by the I. O. against the appellants.