RAVI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the impugned judgment of conviction and order of sentence the sole appellant stands convicted under Sections 302, 364, 379 and 120B of the IPC and sentenced to suffer R.I. for life, R.I. for ten years with fine having default clause under Sections 302 and 364 of the IPC respectively. For the charge under Sections 379 and 120B of the IPC respectively he was sentenced to suffer R.I. for three years under each count. The present appeal questions the correctness of the judgment of conviction.

(2.) The prosecution case, in succinct, is that PW-6 being father of the deceased viz. Amrendra Narayan lodged a written report (Ext. 2) on 17.11.2010 alleging that in the morning of 15.11.2010 the appellant hired the Bolero vehicle owned and run by his son Amrendra Narayan and both of them along with another co-accused had proceeded to Chapra from Malahchak. On the way, he had met with his maternal brother (PW3) at the bus stand situated at zero mile Patna. When the son did not return a call was made to him but there was no response. The informant also contacted the appellant on 16.11.2010 on phone whereon he replied that he had already left the vehicle and the deceased at Patna. The following morning it was made known to him that the dead body of his son was recovered from a well falling within Revilganj Police Station in the District of Chapra. The informant suspected the hand of the appellant and the another co-accused along with whom the deceased had driven to Chapra on being hired.

(3.) The lodging of the FIR ignited investigation which was taken up by PW-4 who had recorded the 'Fardbeyan'. The inquest over the dead body was prepared at the place of recovery of the dead body. The I.O. obtained the inquest report (Ext. 1) as also the post- mortem report (Ext.4) . The investigation was complete but since the appellant had not been apprehended, PW-4 made over charge of the investigation to PW-5. Later, the appellant was arrested on 20.12.2011. On conclusion of investigation, the chargesheet was laid by PW-5 whereon cognizance was taken and the case was committed to the Court of Sessions. On transfer, the same came on the file of the learned Trial Judge where the charges were framed and read over/explained to the appellant to which he pleaded not guilty and claimed a trial.