UPENDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is preferred by the four accused, who were tried by the Court of 1st Additional Sessions Judge, Samastipur, in Sessions Trial No.211 of 1991. All the four were accused of committing the offences punishable under Section 302 of the Indian Penal Code by killing one Ramudgar Sah. The trial Court convicted the appellants for the said offence and sentenced them to undergo R.I. for life imprisonment through order dated 12.01.1993.

(2.) The version of the prosecution as presented before the trial court is as under:

(3.) On hearing the cries of P.W.2, several persons, including P.Ws 1, 4 and 5 came to the spot and that P.W.2 told them that the appellants herein caused the death of her husband. Those persons have gone to the police station and informed the Station House officer. At about 2 A.M. on the next day, the Investigation officer has come to the place, recorded the statement of P.W.2 and commenced the investigation. The other formalities, such as conducting the autopsy and postmortem were complied with. The postmortem report was obtained and thereafter chargesheet was filed against the four appellants herein alleging that they committed the murder of the deceased.