BABUJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction recorded by Shri Mishri Lal Choudhary, 1st Additional District Judge, Muzaffarpur, vide his judgment dated 27th August, 1992, passed in Session Trial No. 125/91, 12/91 through which he convicted and sentenced these appellants and one Maulvi Mian to undergo imprisonment for life under Section 302/34 of the Indian Penal Code.

(2.) The fact in short giving rise to this appeal is that at about 4.10 p.m. or so on 5-12-1989 the appellant Sobrati Mian had gone to Kurhani Police Station and lodged a Sanha alleging therein that one of the deceased was apprhended by them in suspicious circumstances and the other escaped away and he was kept in front of his house. The officer incharge immediately proceeded to the place of occurrence village Phakuli and reached there at about 5.15 p.m. and found the deadbody of two persons i.e. of Satyanand Bhagat, who was lying on the ground just in front of house of appellants and that of one Phool Mohammad alias Mahesh Bhagat whose body was hanging on a Gullar tree and villagers were present there and fardbeyan of Choukidar Doman Rai was recorded on the spot. He had alleged that at about 4 p.m. or 80 on 5-10-1989 he heard rumour in the village that these appellants and their father have appehended two persons and they are assaulting them and so he rushed to the house of the appellants and Sobrati Mian was found absent and he had gone to place of occurrence and deceased Mahesh was found hanging in Gullar tree and another deceased Satyanand was lying on the ground and on interrogation from the villagers assembled there he learnt that these appellants apprehended the deceased Mahesh and other deceased Satyanand who was close friend of Mahesh Bhagat was brought by Sobrati Mian on some pretext and they committed their murder. It has been alleged that Mahesh was coming to the village and so he was apprehended by these appellants and Satyanand was brought on a motor cycle by Sobrati Mian and there was enmity between these appellants and both the deceased for the reason that a dacoity case was instituted by the appellants as against Mahesh Bhagat and recently he was released on bail and so the murder of Mahesh and his close friend Satyanand were committed by these appellants. The Choukidar also alleged that he learnt that Chanarik Roy, Sidheshwar Mishra, Ram Sohag Rai, Bishundayal Rai and some others had seen the occurrence and actually they will narate about the occurrence.

(3.) On the basis of this Fardbeyan recorded at a out 5-15 p. m. on 5-12-1989 this case was instituted as against these appellants and their father.