DOMAN BEDIA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE sole appellant named above has preferred this criminal appeal against the judgment dated 21.1.1998 and the order dated 28.1.1998 passed in ST No. 66 of 1990 by Shri Dilip Kumar Sinha, 2nd Additional Sessions Judge, Hazaribagh whereby and whereunder the appellant was found guilty for the offence punishable under Sections 302 and 201 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code and RI. for five years and a fine of Rs. 1,000/ - for the offence under Section 201 of the Indian Penal Code and in default to undergo imprisonment for one year. Both the sentences were, however, ordered to run concurrently.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 7) of PW 4, Babu Ram Bedia, the informant recorded by Sri J.R. Singh, S.I. Bharkunda P.S. on 29.7.1989 at 12.30 hours at Bharkunda P.S. regarding the occurrence which is said to have taken place in the night between 28th and 29th of July, 1989 in the house of the deceased situate in the village Sanki P.S. Bharkunda (Patratu) District Hazaribagh. Golua Bedia @ Chinua Bedia is the deceased of this case. PW 4, Babu Ram Bedia, the informant is the son of the sister of the deceased whereas appellant Doman Bedia is the eldest son of the said deceased. The case was instituted on that very day at 14.30 hours and the formal FIR and the fardbeyan was received in the Court empowered to take cognizance on 31.7.1989.

(3.) THE appellant has pleaded not guilty to the charges levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case as a result of the conspiracy of the informant who was admittedly inimical to him as of deceased due to litigation prior to the occurrence.