MISHRI RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dead body of one Sona Ram of village Sahpur Bisunpura, Police Station Barauli, District Gopalganj, was found on the outskirts of the village in the morning of 29th March, 1981. His son, Lallan Ram was informed by a co -villager, Bhukhal Ram, that a dead body was lying near the mahua tree. Lallan Ram went there and identified the body as that of his father Sona Ram. identification was made on the basis of wearing apparel. The body was without head and major part of it from neck upto pelvis was found eaten away by the birds and animals. At 4 p.m. the same day, Lallan Ram gave fardbeyan before the S.I. Digambar Jha, Officer -in -charge of Bishunpura Police Station stating that on the preceding night, he and his father went to bed at about 8 p.m. after supper. They kept on separate cots. At 12 midnight when he woke up to answer the call of nature he found his father sleeping on the adjacent cot. However, when he woke up in the morning, he did not find him there. He made a search but without success. At 10 a.m., he was informed by Bhukhal Chamar or Ram) that a dead body was lying near the mahua tree. He went there and identified it to be that of his father, as indicated above. Lallan Ram suspected the hand of Appellant Lakhi Ram as there was some dispute relating to tapping of toddy and there had been altercation about a year ago.

(2.) ON the abovesaid fardbeyan of Lallan Ram, the Police instituted the case against unknown. S.I. Diagambar Jha took for investigation, prepared the inquest report, recorded statement of witnesses, sent the dead body for post mortem examination and after completing other formalities, submitted charge sheet against the Appellants.

(3.) AT the end of the trial, the trial court convicted the Appellants under Section 302 of the Indian Penal Code (IPC) and awarded sentence of imprisonment for life. Besides, they were also convicted under Section 323 IPC for which they were awarded sentence of one year 's rigorous imprisonment. The sentences were to run concurrently.