TIMAL SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) These three appellants herein, after facing trial for offence under Sec. 302/34 of the Indian Penal Code, have been convicted by Judgment and order of conviction dated 6th May, 1992 and an order of sentence dated 7.5.1992, to undergo imprisonment for life by the 3rd Additional Sessions Judge, Rohtas, Sasaram, in Sessions Trial No. 24 of 1985 arising out of G.R. Case No. 932 of 1984, Sasaram P.S. Case No. 191 of 1984.

(2.) The informant in this case is Rameshwar Prasad, P.W.6 who states in the fard beyan that when he came to the shop at Sasaram, his nephew (Bhagina) Ayodhya Prasad came to him and told him that the dead body of his younger brother, namely, Krishna Prasad was lying in Baba Ke Talab. He further told the informant that he came to know about the same from Chandra, a shop keeper who had gone to ease himself near the Talab. Accordingly, the informant went to Baba ke Talab and saw that the dead body of his nephew Krishna Prasad lying at the bank of the pond and that he was wearing Full pant and bush shirt and shoes. The informant, after informing the family members regarding the occurrence went to the police station and apprised the police of the occurrence. It was stated by the informant that Krishna Prasad, the nephew of the informant was dealing in coal business along with the accused, Timal Sah and Nandu Malah resident of Mohalla-Bhartiganj and one Kameshwar Kahar of Mohalla-Gorakshani. It was stated that his nephew had taken Rs.8000.00 earlier from his home around 20-25 days back for the said purpose. The deceased was also last seen at the Dharamshala Chowk at around 8P.M.with the three accused persons who stated to the informant that they were going to get coal from outside. Thereafter, at around 10 P.M. the informant saw Timal and Kameshwar in their underwear near Kargahar Mor and Nandu Malah was also seen with Full pant rolled up. On enquiry by the informant as to why they were standing there putting on underwear, it was stated that they were waiting for Krishna and thereafter the informant went away to his shop and in the morning the dead body of his nephew Krishna Prasad was discovered. It was alleged by the informant that the three accused persons, in order to grab the said Rs.8000.00 of Krishna Prasad had indulged in the said crime. It was further stated that Peon of the Vakalatkhana had also seen the aforesaid three accused persons going with the nephew of the informant. Accordingly, the fardbeyan was recorded and Sasaram P.S. Case No.191 of 1984 was instituted on 5.1.1985 against the appellants under Sec. 302/34 of I.P.C.

(3.) After completion of the investigation by the police the charge sheet was submitted against all the three appellants. Cognizance having been taken, the case was committed to the court of Session and charges were framed against all the three accused persons under Sec. 302/34 of the I.P.C. which ultimately led to their conviction and sentence to undergo imprisonment for life.