LAWS(PAT)-2018-11-54

ARJUN THAKUR Vs. STATE OF BIHAR

Decided On November 05, 2018
ARJUN THAKUR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This appeal has been preferred against the Judgment of conviction and sentence order dated 12.05.1994 passed by the learned 6th Additional Sessions Judge, Begusarai, in Sessions Case No.96 of 1992, by which and whereunder he convicted the appellants for the offences punishable under Sections 364, 302/34 and 201 of the Indian Penal Code and, accordingly, sentenced them to undergo rigorous imprisonment for life for the offences punishable under Sections 302/34 of the Indian Penal Code, to undergo rigorous imprisonment for life for the offence punishable under Section 364 of the Indian Penal Code and to undergo rigorous imprisonment for seven years for the offence punishable under Section 201 of the Indian Penal Code. However, all the sentences were ordered to run concurrently.

(2.) P.W.7 gave his fardbeyan on 27.03.1991 at about 09.30 P.M. at his house to P.W.8 Phuldeo Singh to this effect that on the same day, his father, namely, Sudhir Chaudhary, had gone to Samsa Chowk at about 02.00 P.M. He further claimed that at about 07.00 P.M., he was going to purchase match box to the shop of Kasim Mian of his village and reached near the house of Tarachand Paswan and saw the appellants, who were assaulting his father. The bicycle of his father was lying there. The aforesaid appellants started taking away his father towards Dusadh Toli, upon which he raised alarm and back to his home and gave information about the aforesaid occurrence to his mother as well as his other family members. He further claimed that his other family members came in search of his father but his father did not return to his home. P.W.7 further claimed that Jay Jay Ram Mahaton (P.W.5) had witnessed the aforesaid occurrence. P.W.7 further claimed that he gave his fardbeyan in presence of his uncle, namely, Upendra Chaudhary (P.W.3), who signed his fardbeyan as a witness.

(3.) On the basis of the aforesaid fardbeyan of P.W.7, Bhagwanpur (Mansoorchak) P.S. Case No.21 of 1991 for the offences punishable under Sections 364/34 of the Indian Penal Code was registered and after registration of the F.I.R., P.W.8 took the charge of investigation. However, formal F.I.R. was drawn up against the appellants for the offences punishable under Sections 364/34 of the Indian Penal Code and, subsequently, after recovery of the so-called dead body of Sudhir Chaudhary, Sections 302 and 201/34 of the Indian Penal Code were also added.