BASUDEO BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants were convicted under Sections 302/34 of the Indian Penal Code and each of them has been sentenced to imprisonment for life.

(2.) According to the prosecution, on 7.5.1977 at about 11 a.m. Girja Kumari was murdered by the appellants two brothers. The deceased had pone to the jungle along with P. Ws 12 and others to pluck kendu leaves. While they were returning, deceased Girja Kumari was taken away by the appellants and murdered. The information with the police was lodged by P.W. 8. The court below relying on the evidence of P. Ws. 12 and 11 found the appellants guilty.

(3.) Mr. Sahay, learned Counsel appearing for the appellants, submitted that so far P.W. 11 was concerned he was neither a charge-sheet witness nor the Investigating Officer recorded his evidence during investigation. That being the position, we discard the evidence of P.W. 11.