NAGINA KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and the learned counsel for the State.

(2.) The appellants have preferred this appeal against the Judgment of conviction dated 26.11.1994 and sentence order dated 28.11.1994 passed by the Ist Additional Sessions Judge, Nalanda, in Sessions Trial No. 49 of 1989, by which, he convicted the appellants for the offence punishable under Section 302 of the Indian Penal Code read with Section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life for the above offences.

(3.) P.W. 7, namely, Bal Brind Prasad, gave his Fradbeyan to Sub-Inspector, R. N. Prasad, on 04.07.1978, at about 7.30 P.M. in Adhiyari River of Village Mayar to this effect that his father, namely, Thakur Mahto, had gone to Noorsarai Bazar on 007.1978, but he did not return to his house till late night. He got information that in the evening of the same day his father had taken toddy at village Pariwana. But on next day, P.W.3, namely, Churaman Mahto informed him that the dead body of his father was lying in the bank of Adhiyari River. He went there and identified the dead body of his father, Thakur Mahto. He claimed that P.W. 1, namely, Gyan Chand Prasad, informed him that he had seen his father along with appellants and one Parmeshwar Kahar of village Pathrawan and one Sheo Kahar of village Sohdih going towards the East of Maize field. The informant doubted that his father might be killed by the aforesaid persons due to enmity.