BUDHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants named above against the judgment dated 14.12.1989 in Sessions Trial No. 442 of 1983 passed by Shri Satyendra Singh, 4th Additional Sessions Judge, Palamau at Daltonganj whereby and whereunder all the appellants were found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and they were convicted and sentenced to undergo R.1.

(2.) THE prosecution case has arisen on the basis of fardbeyan (Exhibit -1) of P.W.2, Surji Devi recorded by S.1. R.K,Mishra of Latehar P.S.on 7.3.1978 at 7.00 hours at village -Kumandih, P.S. -Latehar, District Palamau regarding the occurrence which is said to have been taken place on 6.3.1978 at 14.00 hours in the cow -shed of the Animal Husbandry Department in the said village.

(3.) THE appellants have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence that they have been falsely implicated in this case and the deceased might have been killed by someone somewhere when he had committed mischief in a drunken state.