FEKAN BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) On behalf of the appellants it is so submitted that appellant Fekan Bind is already dead and this fact is not controverted by learned counsel for the State. Therefore, the appeal, In respect of appellant Fekan Bind abates. Rest of the two appellants, namely, Bishundeo Bind and Tanik Bind have been convicted under sections 302/34 of the Indian Penal Code and both of them have been sentenced to undergo rigorous imprisonment for life They have been further convicted under section 201 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for five years. Both the sentences have been directed to run concurrently.

(2.) The prosecution story, as told by P.W. 6 Indradeo Mahto is that in the night of 23rd July, 1975, he was sleeping in the field of Pramode Singh which he had cultivated on Batai. At about midnight he heard the sound of bomb explosion. He woke up and went towards the hut of deceased Bishundeo Mahto. When he reached there, he found 10 to 12 persons surrounding his hut. Bishundeo was crying that these appellants including persons were killing him. The cry stopped thereafter. The mobsters dragged the dead body of Bishundeo after tying it with a rope and took it towards south. It is further said that the wife and the daughter of the deceased were also taken away by the appellants and other members of the mob. He chased them but they threw a bomb due to which he and other chasers kept aside. He could identify the appellants. He has further said that he had heard the cries of the wife and the daughter of the deceased and they also kept silent thereafter. Subsequently he went to the river and found some blood there but did not find any dead body. Then he returned to the hut of the deceased where also he found sufficient blood. He claimed to have identified the appellants in the light of his torch and lantern. He had also a lantern in his hand.

(3.) On 27th July, 1975, he (P.W. 6) went to the police station along with his mother lodged a case. He could not go to the police station earlier as he could not get a boat. P.W. 11, the officer-in- charge of Teghra police station, after instituting the case, took up the investigation. On 28th July, 1975, a dead body was recovered from the river which was said to be the dead body of the deceased Bishundeo Mahto. P.W. 9 conducted the post-mortem examination over the said dead body. P.W. 11, after completing the investigation, submitted charge-sheet against these two appellants and accused Fekan Bind whose appeal has abated.