SATYNARAIN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal, by the above named two appellants, has been preferred against the judgment of conviction, dtd. 17/9/2010 and order of sentence, dtd. 20/9/2010 passed by the learned Additional Sessions Judge, F.T.C.-III, Bhojpur, Ara in Sessions Trial No. 346 of 1991, arising out of Agiaon Bazar P.S.Case No. 53 of 1990, by which both the appellants have been convicted under Ss. 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case, in short, as per the fardbeyan of Ram Chander Rai (PW-7), son of Sri Kailash Rai (PW-1) of village- Faduara, P.S.- Agiaon, District- Bhojpur, recorded by A.S.I. of Agiaon Police Station on 11/11/1990 at 10:00 AM at the house of Ram Chander Ram, is as follows:

(3.) On the basis of the fardbeyan of the informant, Agiaon Bazar P.S.Case No. 53 of 1990 dtd. 11/11/1990 under Sec. 302/34 was registered by one R.R.Sharma, A.S.I. Agiaon Bazar Police Station. However, one R.P.Singh, Officer-in-charge of the said Police Station, started investigation. He, having investigated the place of occurrence, prepared the inquest report of the deceased Ram Deep Rai on 11/11/1990 at 10:30 P.M. He took statements of the witnesses and had also sent the dead body for postmortem. After receipt of the post- mortem report, charge sheet was submitted under Sec. 302/34 of the Indian Penal Code and 27 of the Arms Act against three named FIR accused persons, namely Satya Narain Rai, Parshuram Rai and Dhivjee Rai. On receipt of the chargesheet, learned Magistrate took cognizance of offence and committed the case to the court of sessions for trial.