RAM LAKHAN SADAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenging their conviction ordered by the learned 1 st Additional Sessions Judge, Darbhanga in Sessions Trial No.127 of 1986 vide judgment dtd. 6/5/1994 and convicting them to life imprisonment for offence under Ss. 302/34 of the Indian Penal Code, this appeal has been filed by the appellants.

(2.) It is the case of the prosecution that on 7/8/1985 at 11 A.M. Buchi Paswan, P.W.5, Chowkidar of Bethuli Village, came to Baheri Police Station and informed the Officer Incharge of the said Police Station that dead body of a male aged about 50 years wearing a Dhoti and Kurta has been found in a Jhanjharbag in Village Hasidih. On the intimation, the FIR was registered and investigation conducted.

(3.) Dr. Ashok Kumar Yadav, P.W.15, conducted the postmortem at 2 A.M. and found two injuries on the right eyebrow and the right cheek, both simple in nature, and three other injuries on the left side of the neck, all grievous in nature, caused by a sharp cutting pointed weapon. The doctor opined that these injuries on the neck were the cause of the death and the death was caused within 38 to 40 hours of conducting postmortem. Ext.-2 was the postmortem report. Based on the same, investigation was conducted by P.W.14, Investigating Officer, Sakaldeep Rai, and in the investigation it came on record that the deceased was Gopal Mandal of Village Kothara in District- Darbhanga. He had left his house in the morning on 6/8/1985 along with the appellants and thereafter, he did not come and on 8/8/1985, his dead body was found.