SOYOTO @ SURSEN BHENGRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 27.8.1999, passed by Shri Tarkeshwar Prasad, learned Sessions Judge, Gumla, in essions Trial No. 89 of 1996, whereby and whereunder he convicted the appellant under Section 302/34 and also under Section 201 of the Indian Penal Code ( hereinafter referred to I.P.C.) and sentenced him to undergo rigorous imprisonment for life under Section 302/34 I.P.C. and 4 years under Section 201 I.P.C.

(2.) THE story of prosecution, in short, as per Fardbeyan of P.W -1 -Jaiwanti Devi, is that on 3.12.1995, the husband of the informant namely Sugarh Kandulna had gone to Kulburu market along with the appellant and one Tipra @ Turtant Topno. It is further alleged that Tipra and this appellant returned in the village in the evening but the husband of the informant did not return. It is further stated that when the informant asked the appellant and his companion, they did not give any satisfactory answer and because of that informant suspected that they have committed some foul. It is further alleged that thereafter the informant along with other villagers searched her husband and later on 5.12.1995, the dead body of her husband was found in the north of Kuluburu market. It is also stated that the place where dead body was found, some trail mark was found and from that it appears that the occurrence might have taken place at some other place and lateron the dead body was brought to the place from where it was recovered. On the basis of the aforesaid Fardbeyan, the present case was instituted against the appellant and Tipra.

(3.) IT is submitted by Shri Ram Kishore Prasad, learned counsel for the appellant, that there is absolutely no direct evidence against this appellant. It is further submitted that the witnesses have only cast suspicion against the appellant. Accordingly, it is submitted that only on the basis of suspicion, the appellant cannot be convicted. Hence, it is submitted that the appellant be acquitted from the charges leveled against him.