SATYENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three appellants have preferred the present appeal under section 374(2) of the Code of Criminal Procedure, 1973 against the Judgment of their conviction and order of sentence dated 26.08.1993 passed by Shri Ashok Kumar Verma, 6th Addl. District & Sessions Judge, Arrah in Sessions Trial No.471 of 1991. By the said Judgment, the learned trial Judge has convicted three appellants for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life under Section 302/34 of the Indian Penal Code.

(2.) The prosecution case, in short, is that on 04.06.1991 deceased Umesh Singh had gone to ease at about 6.00 P.M. along with accused Satyendra Singh, Sanjay Singh and Kanjee Singh. Kiran, sister of deceased Umesh Singh and informant Ramesh Singh had also gone with Umesh Singh and in the way Umesh Singh had purchased ground nut from the shop of Ganesh Singh and given some ground nuts to Kiran and she returned back to her house. Deceased Umesh Singh proceeded with three accused persons with ground nut and four cigarettes. When deceased Umesh Singh, brother of the informant Ramesh Singh did not return to the house in the night, the sister of the informant narrated the facts. The informant thought that Umesh Singh might had gone to the house of accused persons and slept there. Even then the informant searched for the deceased Umesh Singh at about 10 to 11 O'clock in the night in the village and at the house of three accused persons but nothing could be traced out. The informant also could not meet the three accused persons. On the next day at about 5.00 A.M. one Bhuteli Singh of the village told the informant that a dead body was lying in the western badhar of the village and people were going to see it. The informant also went to see the dead body and found that his brother Umesh Kumar Singh was murdered by cutting his throat. The informant also found some ground nuts, one butt of cigarette, Lota and a torch of five cells near the dead body. There was sufficient blood on the ground. According to prosecution, the deceased had Rs. 2000/- with him about which, accused persons had knowledge from before and for the money the accused persons had killed the deceased.

(3.) On the basis of aforesaid fardbeyan of the informant Ramesh Singh (P.W.11), a formal F.I.R. was lodged vide Arrah Muffasil P.S. Case No.122/91 under Section 302/34 of the Indian Penal Code. The F.I.R. was lodged against unknown. After investigation, the police submitted charge-sheet against aforesaid three appellants on 03.09.1991. Thereafter, on 06.09.1991, the learned Chief Judicial Magistrate took cognizance of offence under Section 302/34 of the Indian Penal Code and on 20.09.1999 after cognizance was taken, the case was committed to the court of Sessions and, thereafter, the case was numbered as Sessions Trial No.471 of 1991. On 24.04.1992, charges were framed against all the three appellants under Section 302/34 of the Indian Penal Code. Since the appellants denied charges, they were tried.