PALTU DAS AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants, spouses between them, were tried by the learned Presiding Officer of Fast Track Court No.-I, Darbhanga in Sessions Trial No. 260 of 2003 for committing offences under Sections 302/34 and 201 of the Indian Penal Code and by judgment dated the 9th of Jan., 2006 were held guilty of committing the two offences. The learned judge heard the appellants under Sec. 235 Crimial P.C. and directed each of them to suffer rigorous imprisonment for life under Sec. 302 and rigorous imprisonment for three years under Sec. 201 of the Indian Penal Code which sentences were directed to run concurrently. The appellants, being aggrieved by and dissatisfied with the judgment of conviction and order of sentence, have preferred the present appeal.

(2.) The son of Fool Kumari (P.W.5) went to play with Santosh who happened to be the minor son of the present appellants. He did not come back and the minor son of the appellants, namely, Santosh was questioned by the villagers who pointed out that it were the two appellants who had killed the son of P.W.5 and that the dead body was lying under water of a pond. Santosh, the son of the two appellants, threw a stone to point out where the dead body was lying in the pond. The dead body was recovered.

(3.) On the basis of the First Information Report lodged by one Sutain Malik (P.W.7), and the investigation ended in the submission of the charge sheet for the trial of the two appellants.