SHEO CHAUHAN AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - These two criminal appeals are preferred by the accused in Sessions Trial No. 283 of 1986 on the file of Additional Sessions Judge-II, Barh, Patna. All the 11 appellants herein figured as A-1 to A-11 in the case were accused of committing murder of Kedar Paswan at 7.00 P.M. on 10.01.1985 at village Bhadoi. Through its judgment dated 30.07.1991 the trial Court convicted all the appellants herein for the offences punishable under Sections 302, 149 and 201 of the Indian Penal Code and sentenced them to undergo imprisonment for life.

(2.) The facts, as revealed in the fardbeyan (statement) recorded from PW-2, Umesh Paswan constituted the basis for trial of the appellants. The contents of the fardbeyan are as under:-

(3.) PW-2 and his other family members are said to have searched for the dead body on the next day and not being able to find it they have proceeded to the Police Station at 4.00 P.M. on 11.01.1985 and the fardbeyan was recorded from him. He alleged that the appellants had grudge against the deceased since the latter had kept some bricks in the land of the appellants.