LAWS(PAT)-1984-8-31

MAGA RAM RAJAK Vs. STATE OF BIHAR

Decided On August 30, 1984
MAGA RAM RAJAK Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Five persons were tried under sections 302, 302/ 149 and 323 of the Indian Penal Code. Two of them were acquitted and the three appellants, the brothers were convicted. Appellant No 1, Maga Ram Rajak was convicted under section 323 of the Indian Penal Code and sentenced to imprisonment for life. All the appellants were convicted under section 323 of the Penal Code and each of them was sentenced to one month rigorous imprisonment.

(2.) According to prosecution, on 29th March, 1975, the appellants murdered Khanu Debi, wife of PW 9. The information of this occurrence was lodged with the police by PW I, the nephew of PW 9. The court below on the basis of the evidence of PW 1, 2, 5, 9 and 10 found the appellants guilty.

(3.) Mr. Sahay, learned counsel appearing for the appellants, submitted that so far PW 10 has concerned he was never examined by the police during the course of investigation. His evidence in court was, therefore, of no consequence. From the record it appears that PW 10 was examined for the first time in court and her statement was not recorded by the police during the course of investigation. We, therefore, exclude the evidence of PW 10.