LACHMI KOERI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Sessions Judge of Patna has convicted appellant Lachhmi Koeri under Section 302 of the Penal Code and has sentenced him to undergo imprisonment for life. This Court issued notice to the appellant to show cause why his sentence should not be enhanced if the conviction is upheld. The appeal filed by the appellant and the rule for enhancement have been heard together and this judgment will dispose of both.

(2.) Deceased Havildar Daud Khan was attached to Sultanganj Police Station of Patna town on 24-1-1957, and so was constable Sundcrdeo Kuer (P.W. 2). The prosecution case is as follows :

(3.) On 9-1-1957, a case under Sections 457 and 380 of the Penal Code, being Sultanganj police station case No. 4 (1) 57, was registered against unknown persons. In the course of investigation of that case, the officer in charge of the Police Station, Nasiruddm Ahmad Mallik (P.W. 22), suspected the appellant's participation in the occurrence. As the appellant could not be found and arrested on search, he prayed to the Subdivisional Magistrate of Patna City to issue a warrant of arrest and also processes under Sections 87 and 88 of the Criminal Procedure Code against the appellant. Before the warrant could, however, be issued, N. A. Mallick (P.W. 22) learnt some thing about the appellant. He then deputed havildar Daud Khan and constable Sunderdeo Kuer to arrest him. Station Diary entry No. 444 (Ext. 1/2) shows that the deputation was made at 8-10 a.m. on 24-1-1957.