NAWAL KISHORE CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the Judgment of conviction and sentence order dated 28.02.1995 passed by the learned 2nd Additional Sessions Judge, Purnia, in Sessions Trial No.321 of 1990/Trial No.52 of 1993, by which and whereunder he convicted the sole appellant for the offences punishable under Sections 302 and 201 of the Indian Penal Code, whereas the sole appellant was acquitted of the charge framed under Section 364 of the Indian Penal Code. Furthermore, the learned trial court sentenced the sole appellant to undergo rigorous imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code, whereas to undergo rigorous imprisonment for the period of seven years for the offence punishable under Section 201 of the Indian Penal Code. However, both the sentences were ordered to run concurrently.

(2.) The prosecution case is that on 009.1988, P.W.3 Rameshwar Ram gave an application to the Officer Incharge of K. Nagar Police Station, mentioning therein that his brother Kusheshwar Ram (deceased) was working as Chowkidar at the brick-kiln of Dhanraj Mal "Sidhi" and the appellant Nawal Kishore Chaudhary was working as Munshi at the aforesaid brick-kiln. P.W.3 mentioned in the aforesaid application that in the evening of 01.09.1988, his brother Kusheshwar Ram did not return to his home and on 009.1988, he got information through the Mukhiya of Ganeshpur Gram Panchayat to this effect that his brother died of drowning and at that time, he was along with the sole appellant.

(3.) On the basis of the aforesaid application, U.D. Case No.5 dated 02.09.1988 was registered and in course of investigation of the aforesaid U.D. Case, the post-mortem report of the deceased was received. The post-mortem report of the deceased disclosed that the deceased died due to head injury and the cause of death was not of drowning. Furthermore, in course of investigation of the aforesaid U.D. Case, the wife and the mother of the deceased disclosed that on 01.09.1988, the appellant went to the house of the deceased and took him from his house and, subsequently, on 02.09.1988, the dead body of the deceased was recovered.