BARMOO BHUIYAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) SIX accused persons including the four appellants were put on trial by the learned 8th Additional Sessions Judge, Gaya in Sessions Trial No. 103 of 1990/237 of 1990 by being charged with committing offence under Section 302/34 of the Indian Penal Code. The learned Judge delivered the judgment on the 30th of November, 1992 and while he acquitted two accused persons, namely, Phoolchand Bhuian and Mahadeo Bhuian, he held the four appellants guilty of committing the offence they had been charged with. The appellants were heard on sentence on the same day and each of them was directed to suffer rigorous imprisonment for life. The appellants are before this Court challenging the judgment of conviction and order of sentence passed against them.

(2.) THE deceased Gurucharan Das was carrying a reputation in the Ilaka of an exorcism of evil soul. It appears that he left his house at about 9 A.M. on 14.04.1989 and did not return. The son of the deceased, namely, Maheshi Das, who was examined as P.W. 4, was informed by persons that the dead body of his father was lying near the Panchayat Bhawan in his village. He went there along with his villagers, like, Kameshwar Das (P.W. 1), Gobardhan Das (P.W. 2), Bishun Paswan (P.W. 3) and found that his father had been killed by being brutally assaulted. The manner of killing was as brut as to mutilate the dead body so much so that the identification was not possible. P.W. 4 the informant stated in his evidence that he could identify his father only by his feet and clothes.

(3.) THE defence of the accused persons was of innocence and non -participation.