CHANDESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction dated 18.7.2001 and sentence order dated 23.7.2001 passed by Sri Rajesh Kumar, learned Addl. Sessions Judge III, Sitamarhi in Sessions trial no. 162 of 1988/16 of 2000 by which and whereunder he convicted the appellants for the offences punishable under sections 147, 323 and 364 of the Indian Penal Code and accordingly, all the appellants were sentenced to undergo rigorous imprisonment for one year under sections 147, 323 of the Indian Penal Code on each count and furthermore, they were sentenced to undergo rigorous imprisonment for seven years under section 364 of the Indian Penal Code. All the aforesaid sentences were ordered to run concurrently.

(2.) In brief, the prosecution case is that P.W. 8, Budhiya Devi, gave a written report to the police Inspector, Sheohar police station on 3.8.1984 to this effect that FIR named accused Ram Padarath Singh (Since deceased) asked her son, namely, Deo Lochhan Manjhi to go to Sheohar for taking some money which was being distributed among the Harijans and after that her son Deo Lochhan Manjhi along with the aforesaid Ram Padarath Singh went Sheohar where the above stated Ram Padarath Singh took his thumb impression on plain paper and gave rupee one hundred. She further stated that her son after taking the aforesaid money went to Punjab and after two or three years, he returned from Punjab and then she disclosed to her son that the above stated Ram Padarath Singh had forcibly cultivated her land and also installed a boring in her land. She further stated that her son Deo Lochhan Manjhi went to enquire from Ram Padarath Singh but Ram Padarath Singh threatened to kill him and also to remove him from village. She further stated that she as well as her son left the work of Ram Padarath Singh and when in the morning of 3.8.1984 her son Deo Lochhan Manjhi had gone to work in the field of Chandra Mohan Singh, the appellants along with Ram Padarath Singh caught her son and started assaulting him at about 10 a.m. Her son became unconscious and after that all the appellants and Ram Padarath Singh took him to their Darwaja and since then her son was missing and she is not aware as to whether her son was killed or alive.

(3.) On the basis of the aforesaid written report Shyampur Bataha P.S. case no.39/1984 for the offences under sections 147, 342, 323, 420 and 364 of the Indian Penal Code was registered and accordingly, formal first information report was drawn against the appellants and Ram Padarath Singh. The matter was investigated by the Investigating officer and after completion of investigation, charge sheet was submitted against the appellants and Ram Padarath Singh for the offences under sections 147, 342, 323, 420 and 364 of the Indian Penal Code. On being receipt of charge sheet, the cognizance of the offences was taken and the case was committed to the court of sessions, in usual way.