BIJO PANDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and sentence dated 20.2.1988 passed by Additional Sessions Judge -XI, Munger in Sessions Trial No. 551 of 1985. All the four appellants have been found guilty under Sections 302/34 I.P.C. and have been sentenced to undergo imprisonment for life.

(2.) PROSECUTION story in short compass as un -folded in fardbeyan (Ext.2) lodged by Mahendra Prasad Rai (not examined), son of the deceased Parmeshwar Prasad Rai is that on 15.4.1985, he was taking meal inside the house. His father (deceased) and mother Shanti Devi (P.W.5) were sitting infront of the house. In the meantime, all of a sudden, all the four appellants variously armed alongwith some known miscreants came and asked key of boxes from the deceased. On refusal, they all assaulted him with their respective weapons i.e. lathi, bhala, saif and hammer and took him away near Sheo Ganga pond situated towards west of the house of the informant and committed his murder.

(3.) IT has further been alleged that on hulla, brother of the informant Naresh Mandal Rai (P.W.7), mother Shanti Devi (P.W.5) and neighbour Bijay Mandal, Karo Mandal (not examined) and others came, saw the occurrence and identified the miscreants. It has further been alleged that before death, the victim Parmeshwar Rai told that these four appellants/accused assaulted him.