YOGENDER RAJBHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arise out of the same judgment. Therefore, with the consent of the parties and for their convenience they have been heard together and are being disposed of this common judgment.

(2.) Both these appellants have been convicted under section 302/34 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for life. They have further been convicted under section 201 of the Indian Penal Code, but no separate sentence has been awarded under this count.

(3.) The prosecution case as told by the Informant (P.W. 1) is that about 13 days before the 19th of May 1982, this appellant, Salim and one Nebu Lal came to her house, in the evening at about 8 p.m. and called out her son, namely, Ratan Rewani. She said that Ratan Rewani was not in the house. Salim then said that he had given Rs. 10 to Ratan and one water pot to bring today and thereafter both of them went away. Ratan did not return to his house. Next morning she enquired from Salim about her son on which Salim said that her son had gone to his father-in-lawTs house. Hearing this she kept mum. Some days after the wife of Ratan came from her fathers house and then she learnt from her that Ratan had not gone to his Sasural. Thereafter, she (Informant) started searching her son. 13 days after she went to the police station and lodged a case. After four days of lodging the case she came to learn that the dead body of Ratan was recovered. Thereafter she went to the bank of the river and found the dead body of her son, Ratan. There she identified the dead body to be of. Ratan because there was one chain of steel in his neck, which he was wearing in his neck when he had left his house. P.W. 8 was attached to Jogata Police Station on 19-5-1982 and he recorded the statement of P.W. 1 on the direction of the officer-in charge, which is Ext. 3, on the basis of which a regular case was instituted and on being directed by the officer-in-charge, he took up investigation of the case. In course of investigation, appellant Yogendra Rajbhar was arrested and on query appellant. Yogendra Rajbhar is alleged to have confessed his guilt and further said that he had concealed the dead body by covering with stones in Bhela Tarh Jangal. Appellant Yogendra Rajbhar took him to that place and on removal of stone pieces by him the dead body was recovered. P.W. 9 Photographed the dead body. The dead body was of a male. This Bhela Tarh is by the side of Katari river. One blue shirt and a pant of nila colour were in the dead body and there was chain of steel in the neck. Appellant Yogendra Rajbhar also made statement before P.W. 10 which is Ext. 7.