NARESH KUMAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the same judgment and order of conviction and as such they have been heard together and are being disposed of by this common judgment.

(2.) BOTH the appellants were put on trial before the 7th Additional Sessions Judge, Patna in Sessions Trial no.300/1988 for the offences under section 302/34 & 201/34 I.P.C. on the accusation of having committed the murder of Amit Kumar @ Munna in between 17th May, 1987 and 18th May, 1987 in room no.207 of Asiana Hotel situate at Station Road Patna Town and have been convicted under the aforesaid sections and sentenced to undergo rigorous imprisonment for life under section 302/34 I.P.C and seven years under section 201/34 I.P.C. Both the sentences have been ordered to run concurrently.

(3.) BAIJNATH Pd. Gupta (P.W.7) lodged the fardbeyan (Ext.1) stating the aforesaid facts before the aforesaid Sub -Inspector of Police Arun Kumar (P.W.18) on the same date at about 10.30 A.M. and further gave descriptions of the other occupant of room no. 207 of the hotel who had left the hotel. He also stated that P.W.3 Ismat Heyat Khan, PW.9 Muneshwar Paul, P.W. -13 Nagendra Raut and other employees of the hotel will identify him. On the basis of the said fardbeyan a formal F.I.R(Ext.13) was drawn and the police proceeded with the investigation.