RAMDAS TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE appellant has been convicted for offence under Section 364 of Indian Penal Code and sentenced to rigorous imprisonment for ten years and fine of Rs. 1000/ - (Rupees one thousand) and in default of fine, he shall undergo simple imprisonment for two months.

(3.) THE prosecution case as alleged by the informant that on 01.11.2007 while the informant and her family members were at home at about 8 A.M. then 6 -7 persons including this appellant came on by 4 -5 motorcycles to whom she identified as Dhup Lal Mukhiya, Ramdas Tiwari, Brij Kishore and Binda Prasad and three unknown persons. Thereafter, Dhup Lal Mukhiya impressed her that her son -inlaw resident of Jhunapur is ill and called her son Sandeep and asked her to allow him to go with them. Thereafter, the son of the informant dressed and went along with them. After lapsed of two days, the son of the informant did not return, then daughter of the informant namely, Neeraj Kumari went to the house of Dhup Lal Mukhiya, but Dhup Lal Mukhiya was not there It is further alleged that in the meantime a rumour raised in the village that her son Sandeep has been murdered. Thereafter, the informant told her husband to go to sasural of her daughter and she also tried to search out of her son from her relatives. On 05. 11. 2007, in the morning a telephone message has been received from Jhunapur that her son has been murdered and his dead body buried in the ground of bamboo club. It is alleged by the informant that accused persons by conspiracy killed her son due to enmity.