PANDEY SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 11th of June, 1993, passed by the learned VIIth Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 97 of 1992, whereby, out of the four accused persons, facing the trial, for the offence under Sections 302 / 34 of the Indian Penal Code, only the accused Pandey Singh has been found guilty, convicted and sentenced for the said offence. The other three accused persons were acquitted of the charge. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the said offences.

(3.) The prosecution case was instituted on the basis of fardbeyan of Deo Narayan Singh, the son of the deceased Sheo Narayan Singh, recorded on 25.6.1990 at 12.30 P.M., at Burhmu Police Station, wherein the informant has stated that on the same day at about 11.00 A.M., he was returning from Ratu Mela and when he reached the Thakurgaon market, he heard that one deaf teacher had been killed, whose dead body was lying on the village road near Kulwe Bandh, whereupon he rushed to that place, as his father was also a teacher and was deaf. He saw the dead body, which he identified to be of his father. There were several injuries on the dead body and the dead body was lying in the pool of blood. The informant has stated in the fardbeyan that he suspected that the offence had been committed by Balgovind Singh, Bhushan Singh and Vinod Singh, due to previous land dispute. In the said fardbeyan, the present accused appellant was not named. On the basis of the fardbeyan of the informant, Burhmu P.S. Case No. 30 of 1990, corresponding to G.R. No. 2103 of 1990 was instituted, for the offence under Section 302 of the Indian Penal Code, against unknown and investigation was taken up. After investigation, the police submitted the charge-sheet in the case against the three suspected accused persons in the fardbeyan and also against the accused Pandey Singh.