SHYAMAL KUMAR DUTTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant was put on trial along with 9 accused persons for committing murder of one Umesh Sharan, Chief Executive -cum -Personnel and Administrative Officer of Menally Bharat Industries, Kumardubi in furtherance of their common intention after hatching conspiracy and also for causing disappearance of the evidence of the murder in order to screen themselves from the legal punishment.

(2.) THE trial court having found the appellant guilty for the offences under Sections 302/34/201 and also under Section 120(B) of the Indian Penal Code sentenced him to undergo imprisonment for life for each of the offences under Sections 302/34 and 120(B) of the Indian Penal Code and further to undergo rigorous Imprisonment for a period of 5 years under Section 201 of the Indian Penal Code. Both the sentences were ordered to be run concurrently.

(3.) IN course of investigation, the Investigating Officer on 29.3.1986 arrested the appellant, who confessed his guilt before him. Therefore, the appellant was forwarded before the Magistrate on 30.3.1986 for recording his confession. Accordingly, Sri R.R.P. Deo (P.W.1) the then Judicial Magistrate, Dhanbad recorded his confession (Ext.1) under Section 164 of the Code of Criminal Procedure on 31.3.1986.