RAMCHNDRA SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Subhash Sao of Criminal Appeal No. 321 of 1991 has been convicted under Section 120(B) of the Indian Code and sentenced to undergo rigorous imprisonment for life, whereas Appellants Ramchandra Sao, Dholan Sao @ Udai Shanker Sao, Shyam Sao and Biru Sao have been convicted under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. In addition, Appellant No. 2 has also been convicted under Section 120(B) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life by a Judgment dated 17.7.1991 passed by the Additional Sessions Judge -VIII, Patna, in Sessions Trial No. 1010 of 1989.

(2.) THE case of the Prosecution according to the Informant Gopendra Prasad, PW -13, is that on 27.2.1989, Ashok Kumar, PW -4, came to his house and told him that while his brother deceased Rajendra Sao was coming on his Auto Rikshaw, he was pulled out by four persons and, thereafter, taken away to the field nearby. His dead -body was recovered on the same day at the intervention of the Police. A case against unknown was instituted on such information.

(3.) DURING Trial, the prosecution to prove its case, examined as many as 15 witnesses. While PW -2, N.K. Singh, is the Doctor who had held the postmortem examination of the deceased. PW -3, Upendra Prasad, PW -6 Raghunandan Prasad, PW -9 Dileshwar Prasad and PW -14 Bachchu Prasad are formal witnesses, who have proved the inquest report, the First Information Report and the Fardbeyan. There are some witnesses who had appeared as witnesses to the actual occurrence whereas the rest of them have corroborated circumstantially that the Appellants were present which shall be discussed now.