GOPAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been heard together hence, this judgment shall dispose of both the appeals. These appeals arise out of the judgment and order dated 29th Sept. 1986 passed by the 10th Additional Sessions Judge, Munger in Sessions Case No.161 of 1986 convicting all the four appellants under Section 302/34 of the Indian Penal Code and sentenced each of them to life imprisonment. All the appellants have been further convicted under section 201 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years. The sentences were to run concurrently.

(2.) THE prosecution case in brief is that Rajiv Kumar Sinha (P.W.14) the informant, in his fardbeyan (Ext. 5) alleged that on 19.12.1985 his son, Abhay Kumar alias Makhan aged about 14 -15 years returned home after witnessing matinee show cinema and took a bread and after changing his cloth left the home at 5.00 P.M. and went towards Ara Machine at the southern side of Goshala. He did not return home till about 7.00 P.M. Thereafter, the informant became anxious and started search of the boy but he could not get any trace of him. On 20.12.1985 in the morning he lodged information in the police station in the shape of Sanaha which is Ext. 4 that the boy did not return home for the whole day. It is further case of the prosecution that on the next day, i.e. on 21.12.1985 in the morning at about 9.00 A.M. when the informant was going towards the market he saw the people collected at the Goshala and were talking that a dead body is lying in the Gobar Gas Plant of the Goshala. The informant identified the dead body which was of his son, Abhay Kumar alias Makhan floating in the Gobar Gas Plant. Thereafter, the fardbeyan of the informant was recorded and the case was registered against unknown. The Investigating officer Laleshwar Prasad Singh (P.W.15) prepared the inquest report (Ext.7) and the dead body was sent for post -mortem examination. After investigation the Investigating Officer submitted charge -sheet against all the four accused persons and after cognizance, the trial took place in the court below.

(3.) THE prosecution in all examined 15 witnesses out of which P.W.1 (Brihaspati Mahto), P.W. 12(Roshan Kumar) and P.W.13 (Babalu Kumar) were declared hostile by the prosecution. P.W. 2 (Asha Sinha) mother of the deceased, P.W.8 (Manoj Kumar Sinha) and P.W. 11 (Bipin Bihari Sinha) have been tendered for cross -examination. P.W.3 (Rajni Kumari) is sister of the deceased. She stated that on 7.12.1985 when she was returning home from school along with Bablu, accused Don called Bablu and took him towards Goshala. She further stated that after the murder of Makhan, her elder brother Bablu told her that ''who calls him goonda and death was hanging on the head of Makhan ''. In cross -examination she stated that before death of his brother this fact was not disclosed to her by Bablu.