JANARDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment dated 27th June 2003 of the 1st Additional Sessions Judge, Nawadah passed in Sessions Trial No. 198 of 1988/20 of 1992 whereby the appellant has been convicted under Section 364 of the Indian Penal Code and sentenced to Rigorous Imprisonment for seven years. It is relevant to mention here that besides the appellant, two other accused, namely, Ramashish Singh and Shaket Bihari @ Sanjay Kumar were also charge -sheeted and put on trial but Ramashish Singh died during trial and Shaket Bihari @ Sanjay Kumar has been acquitted by the trial Court under the same judgment.

(2.) THE informant Rajendra Prasad Yadav (PW 2) lodged the FIR (Ext -1) on 7th December 1985 by giving his written report (Ext -2) of the same date wherein he alleged that on 4th December 1985 at 6.00 p.m. while he was sitting in his quarter in Mohalla Malgodam along with Suresh Prasad (PW 5), Sahdeo Yadav (PW 4), Yugal Yadav (PW 3), Ramadhin Prasad Yadav (not examined) and his brother Awadhesh Kumar (victim), Janardan Singh (appellant), Ramashish (who died during trial) and Shaket Bihari Singh (acquitted by the trial Court) came there and called his brother Awadhesh Kumar saying that they had some urgent work at their residence at new area. Then he (informant) further alleged that he remained sitting and kept on waiting for return of his brother (victim) but he did not come back.

(3.) The informant further stated that his brother had to appear at the B.Sc. Examination on 6th December, 1985 and when he did not come to attend the Examination, he (informant) went to Janardan Singh 'sresidence where other two accused (Ramashish Singh and Shaket Bihari) were also present and they all abused him (informant) and drove him away, whereupon, he (informant) got suspicion that they might have killed and disposed of the dead body of his brother. The informant further alleged that he also searched his brother (victim) at several places, including the residence of his relatives but he (victim) was not traced, hence, he (informant) came to the police station on 7th December 1985 and lodged FIR. The investigation commenced on the basis of FIR and on completion of the same, charge -sheet was submitted against the appellant and two others. Thereafter accused persons were put on trial and by the impugned judgment, the appellant has been convicted and sentenced, as above.