SRILAL BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant in this appeal has been convicted under Sections 364A and 302 of the Penal Code and sentenced separately to imprisonment for life. The sentences, however, have been ordered to run concurrently. He has also been sentenced to fine of Rs. 2,000/ - or, in default, rigorous imprisonment for one year.

(2.) THE appellant was put on trial in connection with an occurrence of 2.2.96. As per the Fardbayan of Rajdeo Bhagat the appellant called his son Bipin Kumar inviting him for bird hunt. He also offered to purchase "goli" and lead. Bipin went along with him but did not return. His dead body was found on 4.2.96 at about 2. P.M. in the sugar -cane field on Nathuni Sah. Meanwhile, on

(3.) SHRI Suraj Nr. Pd. Sinha, learned counsel for the appellant, submitted that the oniy circumstance which can be said to have been proved against the appellant is that the deceased and the appellant were last seen together but this solitary circumstance cannot conclusively establish the guilt of the appellant. He submitted that admittedly there is no eye witness to the occurrence and, therefore, the case is one of circumstancial evidence. In such a case unless the circumstances are found to be wholly consistent with the guilt of the accused and inconsistent to the plea of innocence, he cannot be convicted. Shri Lala Kailash Behari Prasad, learned counsel for the State, submitted that though the evidence of 'last seen ' by itself may not be sufficient to establish the guilt of the accused, where the crime is committed in close proximity of time, it would constitute strong circumstances pointing to the guilt of the accused. He also submitted that the informant stated about the demand for money by the appellant and giving him a threat in this regard.