MAHENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals arise out of judgment of conviction dated 20.6.1991 and order of sentence dated 21.6.1991 passed by the learned 4th Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 576 of 1990/184 of 1990. Cr. Appeal No. 263 of 1991 (DB) has been preferred by one Mahendra Prasad and Cr. Appeal No. 280 of 1991 (DB) has been preferred by Deepak Kumar and Munna Lal. They all have been convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and further they have been convicted for the offence punishable under Section 201 of the Indian Penal Code and sentenced to undergo 3 years rigorous imprisonment. The sentences are to run concurrently.

(2.) WHEN the appeals were taken up, learned counsel appearing in Cr. Appeal No. 280 of 1991 stated that so far as the appellant Deepak Kumar is concerned, he died on 15.10.1992 and has placed death certificate on record. Accordingly, the appeal, in so far as appellant Deepak Kumar is concerned, abates. These appeals are therefore, relevant in so far as appellants Mahendra Prasad and Munna Lal are concerned.

(3.) IN order to prove the prosecution case, the prosecution has examined 9 witnesses. They have exhibited: inquest report (Ext. 1), fard -beyan (Ext. 2), formal FIR (Ext. 3) and post mortem report (Ext. 4) as prepared by Dr. S.K. Jha (PW 8). According to the prosecution, appellant Deepak Kumar with the help of other two appellants had strangulated and killed Arti Kumari the younger sister of Deepak Kumar aged 20 years. In order to conceal the evidence, they had, then, tried to burn the body. When the police party arrived, Deepak Kumar and Mahendra Prasad managed to escape. They were named and identified by the appellant Munna Lal who happens to be the brother -in -law of Deepak Kumar and was found present in the house where the dead body was found.