DINA NATH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE four appellants have preferred this appeal against the judgment of conviction and sentence dated 30.04.1991 passed by Additional Sessions Judge IV, Patna in Sessions Trial No 741 of 1987. By the aforesaid judgment, all the four appellants were convicted under Sections 302/34 and 201/34 of Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life for both the offences, there being no separate sentence under Section 201 of IPC.

(2.) HEARD Shri Ajay Kumar Thakur, learned counsel for the appellants and Shri Ajay Mishra, learned Additional Public Prosecutor.

(3.) IN order to appreciate this, we must first notice the prosecution case and the events. The informant (PW 4), in his complaint filed before Judicial Magistrate (JM), 01st Class, Patna on 30.04.1987, alleges that on 04.07.1986, his son Krishna Yadav aged about 22 years had gone to the market to purchase vegetables but did not return. Frantic searches were made but nothing was known. Accordingly, on 19.07.1986, he lodged a sanha with the Phulwarisharif Police Station (PS), inter alia, stating that his son had gone missing and nothing more is stated therein. On 12.03.1987, a highly decomposed body virtually a skeleton was recovered from a well in Phulwarisharif Block. As it was unidentified, it was so duly recorded as a UD case. The informant having come to know that a dead body was recovered immediately identified the same as his son from few bits and pieces of cloths on the skeleton. Subsequently, on 30.04.1987, a complaint is filed by the informant before the JM, 01st Class, Patna, inter alia alleging that his son was named as an accused for the alleged murder of the son of Mahendra Paswan and Mahendra Paswan and the appellants had been threatening to take revenge. The complainant, thus, suspected that they had conspired and killed his son. Upon this complaint being filed, the JM referred the same to the police for investigation under Section 156 (3) of Criminal Procedure Code (Cr P C). Pursuant thereto, the matter was investigated and chargesheet was filed against the appellants. Mahendra Paswan had died in the meantime. The appellants were charged for offence under Sections 302/201/34 of IPC and having pleaded not guilty, they were tried.