GURU SABAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal arises out of judgment of conviction and sentence passed by the then 2nd Addl. Sessions Judge at Jamshedpur by which the learned Judge convicted the appellant under Sections 302/201 of the Indian Penal Code and sentenced him to undergo RI for life under Section 302, IPC but no separate sentence was passed under Section 201 of the Indian Penal Code.

(2.) The case of the prosecution in brief as stated that on 18th December, 1987 the appellant had gone to Singhpure market and they were seen drinking liquor there. In the evening at about 6-7 p.m. Satrughan Sabar brother of the appellant. Guru Sabar came and informed that his brother (appellant) and his wife had not returned the house as yet. Thereafter, in the very night, the informant and Satrughan Sabar started searching them but they could not be traced. It is further alleged that on the following day, i.e., on 19-12-1987 the appellant Guru Sabar came to the house of the informant and stated that he along with his wife drank liquor in the Singhpure market and thereafter they became dead drunk and thereafter they were returning from Singh pure market, when his wife fell asleep in the forest near a bridge in Barodahi forest. He tried to awake her up but when she did not get up he kicked her with his leg but even then she could not woke up and then he assaulted her with lathi as a result of which she died and thereafter he took her dead body to a bush about 50 yards from the road and the dead body was left there and thereafter he fled away. It is further alleged that the informant visited the place of occurrence after the information and saw the dead body of Burhiya Sabar lying in the said forest and thereafter he informed Satrughan Sabar and others of the village and thereafter the police was informed and accordingly the informant gave his fardbayan (Ext. 1).

(3.) The police investigated into the case and submitted charge-sheet under Sections 302/201, IPC against the appellant. Witnesses were examined in the lower Court and after hearing both sides and considering the evidence on record, the learned Trial Judge convicted the appellant for the offences charged.