GHUTAR PANDIT Vs. STTAE OF BIHAR

JUDGEMENT

(1.) These four appellants have been found guilty for committing the murder of Sahdeo Paswan alias Bataha and sentenced to undergo imprisonment for life under Section 302/34 of the Indian Penal Code and rigorous imprisonment for seven years for the offence under Section 201/34 of the Indian Penai Code by a judgment and order dated 26-7-1985 in Sessions Trial No. 58 of 1983 by Sri Shyam Nandan Prasad Verma, 3rd Additional Sessions Judge, Darbhanga.

(2.) To put in brief, the case of the prosecution as disclosed in the fardbeyan of Singheshwar Paswan (P.W.9) is that on 10-3-1983 at about 3 p.m. deceased Sahdeo Paswan had gone to graze she-buffalo near the eastern Bandh. At about 4 p.m. Anant Paswan (P.W. 8) brought the said she-buffalo to the house. When deceased Sahdeo Paswan did not turn to his house, the informant and his brother went to search for him but they could not trace out. On the next day, when they again started searching him, appellant Ghuttar Pandit informed at about 9 a.m. that on the previous day, since Sahdeo Paswan was found grazing his she-buffalo in the wheat crop of his field, therefore, he had given him one slap. But thereafter, he had no knowledge about the whereabout of Sahdeo Paswan. On the same day at about 2 p.m. while the search was going on, the informant found the dead body of his son in the water of a ditch. On hulla, the villagers assembled there and the dead body of Sahdeo Paswan was taken out from the water and kept on the bunch.

(3.) The fardbeyan of Singheshwar Paswan was recorded at 7 p.m. on the same day at Maro Baswa outpost. The Police ultimately took charge of the body and sent for post-mortem examination.