SHIV KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above stated criminal appeals have been preferred against Judgment of conviction and sentence Order dated 18.8.1994 and 22.8.1994 respectively passed by learned Sessions Judge, Bhojpur at Arrah, in Sessions Trial No. 210 of 1990, arising out of Shahpur P.S. Case No. 106 of 1988 by which and whereunder the learned Sessions Judge convicted all the appellants for the offences punishable under Sections 364/307/302 of the Indian Penal Code and 27 of the Arms Act and sentenced them to undergo imprisonment for life under Section 302 of the Indian Penal Code, to undergo rigorous imprisonment for 10 years under Section 307 of the Indian Penal Code, to undergo rigorous imprisonment for 7 years under Section 364 of the Indian Penal Code and to undergo rigorous imprisonment for two years under Section 27 of the Arms Act. Since both the aforesaid criminal appeals were heard together, common judgment is being passed in both the above stated criminal appeals.

(2.) Briefly stated the prosecution case is that P.W. 7, namely, Sudarshan Ram, on 25.8.1988 gave written report to Officer-in-Charge of Shahpur Police Station stating therein that on 24.8.1988 at about 6.00 P.M., his son, namely, Prashuram Ram aged about 18 years along with Paras Ram ( PW-4) and Ram Awatar Ram ( PW- 5) had gone to Haha Bahiyar (ridge) on Dengy (small boat) for fishing and while they were fishing, Hari Bind, Shatrughan Bind, Kapil Chaudhary, Balmiki Choudhary came there and on the point of rifle and guns took Prashuram Ram, Paras Ram and Ram Awatar Ram with their Dengy towards Gaura village and in spite of hectic search, he as well as other villagers could not succeed to trace out whereabout the aforesaid three persons. PW-7 further stated in his written report that aforesaid three persons were taken away by the FIR named accused on account of litigation. PW-7 further stated in his written report that he came to know about the alleged occurrence from Sheo Bhajan Rai (PW- 3) and Subh Dayal Ram (not examined).

(3.) On the basis of aforesaid written report Shahpur P.S. Case No. 106 of 1988 for the offence punishable under Sections 363 of the Indian Penal Code and 27 of Arms Act was registered and, accordingly, on the same day that is 25.8.1988 at about 6.30 P.M., formal first information report was drawn up against appellants and accused Hari Bind, Shatrughan Bind, Kapil Bind and Balmiki Choudhary for the above stated offences punishable under Section 363 of the Indian Penal Code and 27 of the Arms Act. The formal first information report and the written report were put up before Chief Judicial Magistrate on 30.8.1988, though the same is said to be dispatched from Police Station on 26.8.1988.