RAMESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction and sentence recorded by the IIIrd Additional Sessions Judge, Rohtas, in Sessions Trial No. 575 of 1997, whereby and whereunder. he convicted the appellants, namely, Ramesh Yadav and Mukha Yadva under Sections 364, 302/34 and 201/34 of the Indian Penal Code. The appellants were sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code, rigorous imprisonment for ten years under Section 364 and rigorous imprisonment for seven years under Section 201/34 of the Indian Penal Code. All the sentences were ordered to run concurrently.

(2.) THE fardbayan of the informant, namely, Lalmuni Devi was recorded by the 1.0. on 10.12.1996 at her house. According to the fardbayan, the appellants had gone to the house of informant a month ago at about 9 p.m. and forcibly took away the informant 'shusband, namely, Baban Kahar. When the informant 'shusband did not return back for the whole night, the informant enquired from these appellants about the whereabouts of her husband on which the appellants gave assurance that he will come. The informant continued to ask the whereabouts of her husband from the appellants and they gave evasive reply. The informant stated that when the appellants took away her husband, she came to learn on the following day that they had also taken away Shiv Bhagat Yadav of her village and both remained traceless till the date of recording the fardbayan. The informant further learnt that these appellants had kidnapped a man of Dehri, who managed to escape from their clutches and the appellants suspected that the informant 'shusband and Shiv Bhagat Yadav realised money from that abducted person and helped him in release from the custody of the appellants. It has, therefore, been suspected that the appellants took away the husband of the informant to kill him and possibly they might have committed his murder. On the basis of the fardbayan, a case under Section 364 of the Indian Penal Code was instituted against the appellants. Later on, Sections 302, 201/34 of the Indian Penal Code was added after the recovery of the dead bodies. After completing the investigation charge -sheet was submitted under Sections 364, 302, 201/34 of the Indian Penal Code and cognizance was taken under the aforesaid counts and the case was committed to the Court of Sessions.

(3.) IN order to prove the charges, the prosecution examined as many as eleven witnesses out of whom PW 1 Shyam Sunder Ram, PW 2 Surendra Yadav, PW 3 Shiv Kumar Singh, PW 4 Hari Govind Rav?ni and PW 5 Satya Narain Singh have turned volte face by not supporting the prosecution case.