- (1.) APPELLANTS Anil Mahaldar and Chhote Ram @ Chhote Kahar who have been found guilty for an offence punishable under Section 302 of the IPC and directed to undergo R.I. for life as well as under Section 201 of the IPC and sentenced to undergo R.I. for five years and with a direction to run the sentences concurrently vide judgment dated 02.02.1989 passed by the 3rd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 345 of 1982 have preferred instant appeal.
(2.) AS per written report (not exhibited) of Jagdish Mahaldar (not examined on account of his death) filed on 13.04.1989 disclosing therein that on 12.04.1979 at about 10.30 P.M. his son Ramdeo Mahaldar aged about 12-13 years was found sitting at the shop of Hari Saw son of Polo Saw at Barari Ghat. When he failed to come to his house in night, he began to search and during course thereof Manmohan Mandal (P.W. 4) divulged that Anil Mahaldar, Kartik Mahaldar, Chhote Ram @ Chhote Kahar, Suresh Ram all of village Barari have taken company of his son Ramdeo Mahaldar and during course thereof they offered some eatable to his son and then thereafter got him disappeared. It has also been narrated that there happens to be animosity amongst Anil Mahaldar and Kartik Mahaldar at one side and he himself at other side and so he apprehended that his son might have been murdered. He had also given physical feature and the apparel wore by him. On the basis of the aforesaid written report, Kotwali P.S. Case No. 20 of 1979 was registered whereupon investigation commenced. During course of investigation as the dead body of Ramdeo Mahaldar was traced out accordingly after completing investigation chargesheet was submitted under Section 302 along with its allied Sections whereunder cognizance was also taken and accordingly, the appellants along with Kartik Mahaldar and Suresh Ram (since acquitted) faced the trial after having the case committed to the court of Sessions.
(3.) THE defence case as is evident from mode of cross-examination as well as from the statement recorded under Section 313 of the Cr.P.C. is that of innocence as well as of false implication. There has been complete denial of the occurrence. On this score, one D.W. has also been examined namely Hari Saw.;