CHANDESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is directed against the judgment and order, dated 26.4.1993, passed by the 1st Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 242 of 1988/46 of 1990, whereby the learned trial Court, while acquitting the two other co -accused, namely, Shyam Sundar Singh and Radha Devi, convicted the appellant, Chandeshwar Singh, under Sections 302 and 307 of the Indian Penal Code and sentenced him, for his conviction under Section 302 of the Indian Penal Code, to suffer imprisonment for life and, for his conviction under Section 307 of the Indian Penal Code, suffer rigorous imprisonment for seven years. However, the sentences have been directed to run concurrently.

(2.) THE prosecution's case, as made out in the fardbeyan of Shashi Bhushan Singh, son of late Gulzar Singh, recorded by Sub Inspector, Shri G.N. Singh of Town Police Station, Muzaffarpur, at Sadar Hospital, at 6:00 P.M., on 10.07.1987 is, in short, as follows:

(3.) THE defence did not choose to examine any witness. The case of the defence, as discernable from the statements recorded under Section 313 Cr.P.C., is complete denial of the occurrence. The learned trial Court, on consideration of the materials on record, acquitted Shyam Sundar Singh and his mother, Radha Devi, of the charges framed against them, whereas convicted the appellant, Chandeshwar Singh, under Sections 302 and 307 of the Indian Penal Code and passed sentences against him as already mentioned above.