BHAGWAN CHATURVEDI AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appeals arise out of the judgment dated 09.10.1991 rendered by the learned Court of IInd Additional Sessions Judge, Bettiah in Sessions Trial No. 119 of 1987. Each of the appellants figured as accused in the said case. Apart from them one Ramesh Kurmi who was also tried in the case and he filed Criminal Appeal (DB) No. 449 of 1991. Since he died during the pendency of the appeal, it was dismissed as abated.

(2.) All the appellants were tried for the offences punishable under Sec. 302/149 of the Indian Penal Code. The allegation against them was that, they committed murder of one Raj Kumar Mahto at 12.00 Noon on 30.08.1984. The trial Court convicted them for the offences punishable under Sec. 302 read with Sec. 149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life with a fine of Rs. 1,000.00 each and in default of payment thereof they were directed to undergo rigorous imprisonment for six months.

(3.) The case against the accused appellants started with the recording of statement from one Sri Rajat Kanti Banerjee, PW5. He has stated that after taking lunch on 30.08.1984 he proceeded to the house of Feroz Ahmad, PW1 and both of them went to the house of the deceased Raj Kumar Mahto. All the three are said to have gone to the cycle shop of Gurjeet Singh, PW3. He further stated that their common friend Ajay Kumar Gupta, PW2 came from Bombay at that time and all the four, who assembled at cycle shop went to the house of PW2 mainly with a view to collect the stickers. After spending some time at the house of PW2, PW5, PW1 and the deceased are said to have disbursed.