RAMASHISH SAHANI AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appellants are aggrieved by the judgment and order of conviction, passed by 1st Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 518 of 1989/5 or 1991, whereby, they have been convicted and sentenced to undergo imprisonment for life for the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code.

(2.) The case of the prosecution, as stated in the First Information Report (Ext. 2) is that on 8.2.1985 at about 8.00 p.m. while deceased Rakesh was returning from the house of Daroga Ram and arrived near the house of accused Rajan Sahani, both the appellants took him inside their house. Mahavir Ram (PW 4) raised alarm that accused persons had taken away the deceased in order to kill him. The informant on hearing alarm of Mahavir Ram wanted to go to the house of appellant Rajan Sahani but due to threat of being killed, he returned to his house. Ultimately, in the morning at about 9 O'Clock he went to Bechaha Police Station and narrated the incident before the police. The First Information Report further discloses that prior to this incident, deceased Rakesh had taken the daughter of accused Rajan Sahani to Delhi and remained there for about one and half month. Ultimately, on a case filed on behalf of accused Rajan Sahani at Delhi, the deceased Rakesh was remanded to jail for some time.

(3.) The police on the basis of the aforesaid statement, visited the place of occurrence and recovered the dead-body. He also examined different witnesses and having found a prima facie case, submitted charge-sheet. Thereafter, the Chief Judicial Magistrate took cognizance of the offence and committed the case to the Court of Sessions calling upon the appellants to explain charges.