BISHUN BHUIAN Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction dated 16th December, 1993 and Order of sentence dated 18th December, 1993 passed by 6th Additional Sessions Judge, Dhanbad in S.T. No. 64 of 1991 convicting the appellant under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The short fact of the case is that fardbeyan of Ghanshyam Pandey son of Trilokinath Pandey of Kariatpur, P.S.Barhi, DistrictHazaribagh at present resident of Anugrah Nagar, P.S.Dhansar, DistrictDhanbad recorded by S.I. Fozil Ahmed, Officer-in-Charge of Dhansar P.S., District-Dhanbad that on 14th November, 1989 at about 6 p.m. he was sitting with Raju Yadav by the side of Chandmari Railway Line, meanwhile someone called Raju. Raju went there and on return asked informant to accompany. When both went there he saw Rajendra Bhuian and his two elder brother Mahendra Bhuian and Bishun Bhuian were present. When they reached the eastern side of Chandmari Mohalla near the house of Kali Bhuian then near the field suddenly Mahendra Bhuian and Bishun Bhuian caught Raju Yadav and had thrown him on the ground. Then Raju Yadav cried for help. Informant tried to run toward him then Rajendra Bhuian stopped him from going there. Both Mahendra Bhuian and Bishun Bhuian were assaulting Raju. Raju raised alarm and managed to flee away. After some time informant met with Nunu to whom he narrated the incident and also informed him that Rajendra Bhuian along with his brother Mahendra Bhuian and Bishun Bhuian assaulted Raju Yadav causing his death. Later it came to his knowledge that all had taken meal at the residence of Baldeo Bhuian. He claimed that Rajendra Bhuian, Mahendra Bhuian and Bishun Bhuian have murdered Raju Yadav. Only the previous day Raju Yadav had solemnized marriage and had returned on that day.

(3.) On the basis of above fardbeyan, Dhanbad P.S. Case No.793 of 1989 dated 15th November, 1989 was drawn up under Section 302/34 of the Indian Penal Code. After investigation, police submitted chargesheet against three accused persons namely Bishun Bhuian, Mahendra Bhuian and Rajendra Bhuian. The police could arrest only Bishun Bhuian and other accused Rajendra Bhuian and Mahendra Bhuian remained absconder.