NETAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties. The three appellants have preferred this Appeal against their conviction for the offence under Section 364 of the Indian Penal Code and sentence to undergo rigorous imprisonment for 10 years while acquitting from the charges under Section 302/201 of the Indian Penal Code by the First Additional Sessions Judge, Khagaria in Sessions Trial No. 300 of 1987 arising out of Gogri P.S. Case No.

(2.) (5) of 74. 2. The prosecution has come out with a case instituted on the Fardbeyan of PW -9, Shiv Shankar Singh recorded on 03.05.1974 at 09:00 A.M. that in the previous evening while the informant along with his uncle Bindeshri Singh, Janardan Singh and others had gone for shopping and while returning they sat at a tea stall of one Chamru Sah, PW -2 where Halka Karamchari, Bindeshwari Singh (not examined) has arrived and due to prolong talk substantial time was consumed suddenly three appellants along with one Ram Swaroop Yadav (non -appellant) and in the garb of panchyati took Janardan Singh away with them and just after covering some distance started assaulting him. Attempt to save him was made by the informant and other persons but on threats given they came back intimated father of the informant and collecting other persons from the village. Hectic search was started during which all the four miscreants were found sitting at Basa of appellant Netal Paswan and on their statement of releasing Janardan Singh nothing could be done and when he could not be found the gathering made in second attempt to trace the miscreants who were found missing from the said Basa along with their all belongings. At this juncture, one black shoe which is said to be of Janardan Singh was recovered giving rise to suspicion to his killing. During investigation, subsequently, one dead body was found which was identified as of the abducted Janardan Singh.

(3.) ALTOGETHER 10 witnesses had been examined out of whom PW -1, Rajendra Prasad Yadav is formal witness proved Exts.1 and 2 and PWs -3 and 10, namely, Arun Kumar Yadav and Ramesh Prasad are also formal witnesses respectively proved Exts.3 and 6. PWs. 2 and 8, namely, Chamru Saw and Phulendra Prasad Singh since said nothing about the occurrence declared hostile and PW -6, was tendered for cross -examination and out of remaining PW -4, Lelu Tati during examination -in -chief has almost stated the prosecution version with recovery of dead body from river side kept confined in a gunny bag. In para 8 of the cross -examination, this witness has said that the said Janardan Singh was abducted from the shop itself but none protested. However, after covering some distance the miscreants started assaulting there was an attempt to protest but due to threats nothing could be done. In spite of the fact, this witness is not sure whether miscreants were armed or not. Further in Para 16, at the place of alleged recovery of shoe, this witness found no other sign or mark.