DINA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Both the appellants, name, above, have been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life by judgment and order dated 9.1.1989 of the Sessions Judge, Palamau, in S.T. No. 221 of 1986.

(2.) The prosecution case, in brief, is that one Ramjanam Choudhary, son of Nanhaku Choudhary of village Pataria, Police station Chainpur in the district of Palamau was working as Pump Guard under Minor Irrigation Department at village Bokeya within Chainpur police station of the same district. He was residing at the house of his father -in -law Rupan Choudhary of the same village; his wife and son were also residing there. On 10.11.1985 in the evening his wife Fulwa Devi (P.W. 1) accompanied by her son Surajdeo Choudhary (P.W. 2) and father Rupan Choudhary was going to pump side at the bank of river Koel from a mile north of Bokeya Basti with food for her husband. On way to the pump side they were accosted by these appellants who are related as brothers enter -se, at a place called Futhara Ahar. When they asked P.W. 1 as to where he was going, she told them that she was taking food to her husband. The appellants overpowered her father Rupan Choudhary, assaulted him and dragged towards west. Out of fear she herself fled to the village accompanied by P.W. 2 and disclosed to the villagers what had happened. Accompanied by co -villagers she started searching for her father and went upto the bank of the river but her father could not be traced. Next morning her father was found lying dead in the bed of river Koel. Fulwa Devi accompanied by her husband went to Chainpur and lodged an information reportregarding the occurrence and on the basis thereof Chainpur P.S. Case No. 138 of 1985 was registered. In her first information report (Ext. 2) the daughter of the deceased stated that the appellants were working as contractor under Minor Irrigation Department respecting the said pump and had stopped the construction work on the ground that they had not been paid by the Department for the work so far executed by them. They had not agreed to resume the work even when her husband insisted for this. This much for the motive to kill the deceased.

(3.) The Police Officer held inquest on the dead body of the deceased and sent the same to hospital for autopsy. Witnesses were also examined in course of investigation and both the appellants were sent up for trial on charge of murdering Rupan Choudhary (deceased) in furtherance of their common intention. Consequently, a charge under Section 302 read with Section 34 of the Indian Penal Code was framed against them. However, they denied the charge and pleaded innocence and false implication.