BIRJA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order dated 29-1-2000 passed by 1st Addl. Sessions Judge, Darbhanga in ST. No. 109/95 whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- to the informant, in default to undergo simple imprisonment for one month.

(2.) One Jaleshwar Das gave his fardbeyan on 21-2-1995 that 11 a.m. in the field of Jogendra Narain Mallick that on 20-2-1995 at about 9 p.m. after taking meal in the feast in the house of Ram Pukar Das he returned to his house with his son Lakchman Das aged about two years. His son slept on the varanda. He felt pain in his waist. His wife Tiliya Devi came and started massaging k. oil on his waist. His daughter Punita Devi raised alarm that his son Lakchman Das, aged two years was taken away by Birja Das. He searched his son in the night but he could not trace out. In the morning some people went to ease towards north who came and informed him that Ganji of Lakchman Das was found near the bandh. He went there and found dead body of his son Lakchman Das in the field of Jogendra Narain Maliick. The head was smashed and the legs were fractured. He and the villagers started searching Birja. He was found concealed in the heap of straw of one Jogi Manjhi. On question he did not say anything. He informed the Chaukidar of the village who came at the place of occurrence. Sometimes Birja used to come to his darwaza and used to eat tiles.

(3.) On the aforesaid fardbeyan formal First Information Report was drawn, investigation was taken up, after completion of investigation charge-sheet was submitted against the appellant. On receipt of charge-sheet cognizance was taken and the case was committed to the Court of Sessions for trial. The trial Court convicted the appellant as indicated above.