BAGO GOPE Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants, named above, against the judgment and order of conviction and sentence dated 30th June, 1997, passed by the learned 1st Additional Sessions Judge, Singhbhum West at Chaibasa, in Sessions Trial No. 54 of 1995, whereby and whereunder, all the appellants have been convicted for the offences under Sections 320(sic -302?)/201/34 of the Indian Penal Code and sentenced to undergo imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and no separate sentence has been passed for the offence under Section 201/34 of the Indian Penal Code. However, all of them have been acquitted for the charge under Section 364/34 of the Indian Penal Code.

(2.) THE prosecution case is based on the Fard -beyan (Ext. 3) of the informant Basmati Kalundia (PW 5) recorded on 15.9.1994 at 7.00 p.m. at Village Sin Pokharia by Ramadhar Singh and First Information Report (Ext. 4) was drawn up under Section 364/34 of the Indian Penal Code. Subsequently when the dead body of Habil Kalundia, husband of the informant, was traced out, Sections 302 and 201 read with Section 34 of the Indian Penal Code were also added.

(3.) IN course of trial, the prosecution examined altogether eight witnesses, out of them PW 7 Munishwar Singh is a formal witness who has proved the formal First Information Report (Ext. 4) and signature of Arun Kumar Singh, the then Officer In -charge, Chaibasa Mofassil Police Station. PW 8 Dr. S.S. Birua, has conducted the autopsy on the dead body of Habil Kalundia on 18.9.1994 at 11.45 a.m. and prepared Post Mortem Report (Ext. 5) in his pen and signature. PW 5 Basmati Kalundia is the informant and wife of the deceased, who is not the eye witness. PW 3 David Singh Kalundia is the witness in whose presence the dead body of Habil Kalundia was Drought out of the mines water and inquest report was prepared in carbon process on which he signed (Ext. 1).