RAM KISKU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have challenged the judgment of conviction and order of sentence, both dated 09.09.1994 passed in Sessions Case No. 78 of 1988.

(2.) By an order dated 29.09.1994, the appellants were granted bail by this Court.

(3.) On the basis of ferd-beyan of Chunde Soren, son of the deceased-Bir Singh Soren, Maheshpur P.S Case No.59 of 1987 was registered against unknown. After the investigation charge-sheet was submitted against the appellants for the offence under sections 302/34 I.P.C. Charge for the aforesaid offence was framed against the appellants, whereupon trial in Sessions Case No.78 of 1988 commenced. During the trial, the prosecution has examined 12 witnesses; son of the deceased namely, Chunde Soren who is the informant has been examined as P.W.3, the doctor who has conducted autopsy over the dead-body is P.W.12 and the investigating officer has examined himself as P.W 11. On the basis of the evidence laid before him the learned Sessions Judge has held that the prosecution has been able to prove the charge for murder of Bir Singh Soren under section 302/34 I.P.C against the appellants and, accordingly, convicted them under sections 302/34 I.P.C.