SHIVLAL SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Both the Criminal Appeals have been preferred against the Judgment of conviction and order of sentence dated 206.1992, passed by the 2nd Additional Sessions Judge, Palamau at Daltonganj in connection with Sessions Trial No. 159 of 1990 whereby the appellants have been held guilty and convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life.

(3.) Case of the prosecution in short is that on 107.1989, at about 4:00 p.m., appellant Shiv Lal Sao went to house of the informant and took his father Manbodh Yadav (since deceased) to his house in order to perform Ojhai to cure ailing wife of the informant. When father of the informant did not return home in the evening, the informant went to house of the appellant Shiv Lal Sao at village Jhagraha and there he found his father and appellant Ishwar Bhuiyan sitting in house of appellant Shiv Lal Sao, who were making arrangements for feeding them. Appellant Shiv Lal Sao also insisted informant for taking meal with them but he did not agree and returned home. When father of the informant did not return home in the night, he along with his uncle Aliyar Yadav (P.W.-4) and others went to house of the appellant Shiv Lal Sao the next morning at about 7:00 a.m., in order to search out his father but found door plank of the house closed without any chain and appellant Shiv Lal Sao and his family members were missing. On suspicion, the informant and others opened door of the house and saw his father lying dead. There was bleeding from his mouth and neck was slightly swollen. The informant suspected that his father was done to death by pressing his neck by appellants. Thereafter, the informant along with his uncle (P.W.-4) went to Ranka Police Station and lodged the F,I.R. on 14.07.1989 at 10:00 a.m.