BENGO KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellants stands directed against the impugned judgment and order dated 8.3.1996 and 11.3.1996 respectively passed in S.T. No. 356 of 1993 by Sri. R.P. Verma, Additional Sessions Judge, Gumla whereby and whereunder they were found guilty for the offence punishable under Sections 302/34 and 452/34 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for three years respectively. However, the sentences were ordered to run concurrently.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of P.W. 1 Kartik Uraon, the father of Keshwar Oraon, the deceased of this case recorded by P.W. 10, A.S.I. Ram Vinod Singh of Sisai P.S. on 25.8.1992 at 11.45 hours at the house of the informant situate in village Dahudih Nawatoli P.S. Sisai District Gumla regarding the occurrence which is said to have taken place on that very day at 7.30 hours in the house of the informant situate in village Dahudih Nawatoli and a case was instituted by drawing of a formal FIR (Ext.4) on that very day at 17.30 hours. The formal FIR and fardbeyan have been received on 26.8.1992 in the Court empowered to take cognizance.

(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and they have been falsely implicated in this case and the deceased had a criminal antecedent figuring as accused in several cases of murder and loot and he was killed by some unknown persons and these appellants have been falsely implicated in this case due to enmity and on the day of the occurrence. Appellants Keshwar Uraon and Chuiyan Uraon were in the court for making pairvi in a case of murder in which Keshwar Uraon aforesaid had figured as an accused.