KRIT BHUIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant in this appeal, along with three other persons, was charged and prosecuted for offences under Section 302/ 201 of the Indian Penal Code in Sessions Trial No. 364 of 1983. The trial Court acquitted all the persons except the appellant, who has been convicted and sentenced to life imprisonment. Being aggrieved the appellant has filed this appeal.

(2.) The prosecution case, as set out in the fardbeyan (Ext. 2) of the informant Surajnath Singh, on the basis of which a formal First Information Report was drawn up, is that on 30-7-1980 at about 6 a.m. the informant went to the house of one Boudh Bhuian, where his two sons, namely, Bhola Singh (deceased) and Bijay Singh. were sleeping and asked them to go and see the work of the house, whereupon Bijay Singh went to his house leaving Bhola Singh gossiping with the appellant and the informant left for his fields, from where he returned home at about 8 a.m. when he enquired about Bhola Singh, who had not returned home till then. Thereafter the informant along with other members of the family started search for Bhola Singh and on the next day, i.e., 31-7-1980 he informed the police at the police station about him. On 2-8-1980 at about 11 a.m., one Jharu Dhobi told the informant that some pieces of a dead-body are lying in the Jungle, whereupon the informant along with his other members of the family went to the said Jungle and found some parts of the body of the deceased along with his clothes lying over there. He also found the gamchha of the appellant lying in a bush. On 2-8-1988 the fardbeyan (Ext. 2) of the informant was recorded on the basis of which formal First Information Report (Ext. 1) was drawn up. The Investigating Officer went to the place of occurrence, made investigation and submitted the charge-sheet against the four persons including the appellant, for the offence under Section 302/201 of the Indian Penal Code. The learned Chief Judicial Magistrate took cognizance of the offence against the charged persons and committed the case to the. Court of Sessions for trial.

(3.) The prosecution has produced ten witnesses in support of its case, but none of them is the eyewitness of the occurrence. PW 1 is a formal witness, who has proved the First Information Report (Ext. 1) and the fardbeyan (Ext. 2). PW2 is the informant. PW 3 is the person, who told the informant about the parts of a dead-body lying in the Jungle. PW 4 and PW 5 have been tendered. PW 6 Vijay Kumar Singh is the brother of the deceased Bhola Singh, who has stated in his testimony that when he left the house of Boudh Bhuian, the appellant and the deceased Bhola Singh were sitting and gossiping at the tube-well and thereafter they went towards the river. PW 7 has stated that he saw the appellant and the deceased going towards the river. PW 8 has said that one Fuleshwar Bhuian has informed that he has seen the deceased with 5-6 persons, but the said Fuleshwar Bhuian has not been examined. PW 9 is the Investigating Officer and PW 10 is the Judicial Magistrate, who has recorded the alleged confession of the appellant.