RAM BACHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole Appellant has been convicted for the offence under Section 364. IPC and sentenced to RI for life as also under Section 144 IPC and sentenced to RI for one year by a judgment dated 20.06.1990 passed in Sessions Trial No. 507(A)/163 of 1986/90 by the 2nd Additional District & Sessions Judge, Bhabhua.

(2.) THE case of the Informant, Salik Singh, P.W. 5 is that on 12.03.1986 when his family members had gone for ''Gawna '' ceremony of his nephews, Komal Singh and Ram Pukar Singh he went in the fields along with his cousins Sarjoo Singh and Awadh Singh and sometime later he saw about fifteen accused persons, some of whom he identified having been variously armed who came towards his cousins i.e. Sarjoo Singh and Awadh Singh and forcibly took them away. At that point in time, he noticed that the present Appellant was sitting under a tree nearby along with 20 -25 persons who were also armed. The first party who had allegedly abducted the two victims took them near the well and fired once. Thereafter, the Appellant also joined the first party and went towards the east. The Informant then came home and informed his other family members whereafter P.W. 1, Shiv Bhajan Singh Koeri and Banshidhar Singh, P.W. 4 were despatched to stop the ''Barat ''.

(3.) ON the other hand, the Counsel for the State submits that there are five witnesses out of whom three are eye -witnesses who are further corroborated by hearsay witnesses and there is no merit in the appeal and the same should be dismissed.