LAL BAHADUR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Lal Bahadur Sah has preferred this appeal being aggrieved by and dissatisfied with the judgment of conviction and order of sentence dated 26.4.1991 passed in Sessions Trial No. 463 of 1986 by the learned 5th Additional Sessions Judge, Bhojpur at Arrah whereby and whereunder the appellant has been found guilty for committing the offence punishable under Section 364 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution case was initiated at the behest of Binod Kumar (PW 4) resident of K.C. Road, M.P. Bagh, Arrah. Briefly stated, the prosecution case is that on 7.6.1986 Pramod Kumar @ Modi the elder brother of informant and one Adya Kahar resident of Arrah proceeded for Shahjahanpur (U.P.) with the appellant Lal Bahadur Sah and this fact came to the knowledge of the informant from his brother Pradeep Kumar. Pramod Kumar used to go to Shahjahanpur (U.P.) in connection with some case but when neither Pramod Kumar nor Adya Kahar returned for eight days, then, the informant suspected some foul play and then went at the house of Lal Bahadur Sah in Mohalla Anaith of Arrah town on 17.6.1986 and after inquiry the appellant did not give any clue. The appellant was advised by the informant to go to his daughter at village Nawgaon and to gather information about his brother which the appellant promised but he did not go there. In the meanwhile informant sent Binod Kumar Kahar (PW 1), Daga Kahar (PW 2) and Rameshwar Nath Chaudhary (PW 3) to Shahjahanpur to find out and accordingly, they went there, searched at different places, thereafter, returned on 22.6.1986 in the night and informed the informant that whereabouts of Pramod Kumar and Adya Kahar was not known. On 23.6.1986, the informant learnt that the appellant Lal Bahadur Sah had come to the court in connection with a bail of a person named Sadhu and then, the informant went there, met with the appellant in the campus of Arrah Collectorate and brought him to his own house where inquiry was made from the appellant and when he was giving evasive reply, the informant searched out his pocket and recovered some document and Rs. 125/ - from his pocket. A chit of paper was also recovered wherein it was written that Pramod Kumar Sinha @ Modi had proceeded on 7.8.1986, reached on 9.6.1986 and finished. From that paper it was gathered that Pramod might have been killed, then, the appellant stated that Pramod Kumar Sinha and Adya Kahar had been murdered. The entire family of the informant started weeping and in the meantime the Police came and took the informant and the appellant at Nawadah Police Station where fard -beyan of the informant was allegedly recorded on 23.6.1986 at 3.00 PM. The paper and cash amount were also produced which was recovered from the pocket of the appellant and accordingly, the formal FIR was drawn and investigation started. After completion of investigation, the Police submitted chargesheet against three persons showing them in custody whereas 8 persons have been shown as absconder. Accordingly, cognizance was taken, the case was committed to the court of Sessions where charges were framed against this appellant and Sadhu @ Babajee and Chaya Devi under Sections 364/120B of the Indian Penal Code to which they pleaded not guilty and claimed to be tried. Accordingly, they faced trial and only the appellant has been found guilty whereas two co -accused were acquitted.

(3.) THE defence has also examined one witness who is Murat Ram (DW 1), a clerk in the District Transport Office who has proved Ext. A which is the FIR.