BIRENDRA RAO Vs. STATE OF BIHAR; RAMDEO RAO

JUDGEMENT

(1.) The batch of three appeals arises out of judgment dated 17.04.2002, passed by Fast Track Court, I, Bettiah in Sessions Trial No. 8 of 1986 by which each of the appellants of the three appeals was held guilty of committing offence under Section 364/34 of the Indian Penal Code and was directed to suffer rigorous imprisonment for seven years.

(2.) A petition of complaint was filed by P.W. 3 Sukai Raut before the Sub-divisional Judicial Magistrate, Bagaha, copy of which was transmitted to Lauria Police Station for investigation under Section 153(3) of the Code of Criminal Procedure. This was how the First Information Report of the case (Ext. 1) was drawn up and the investigation was proceeded with. The two accused persons, namely, Dhuri Ahir and Budhram Raut were sent up for trial while two others, namely, Motichand Koiri and Bhuneshwar Koiri were not sent up for trial and their names appeared in column no. 2 of chargesheet. Budhram Raut died during the pendency of the trial and proceedings as against him was dropped as appears from order dated 22.04.1999 passed by the trial Court. It further appears that after examination of three witnesses, two accused, namely, Birendra Rao and Ramdeo Rao were summoned under Section 319 Cr.P.C. and accordingly, they were also put on trial after being charged with committing offence under Section 364/34 of the Indian Penal Code.

(3.) As regards the contents of the complaint petition it was alleged that on 17.10.1981 at about 4 P.M. accused Motichand, Dhuri Raut and Ramdeo Rao came to the house of accused Birendra Rao. Budhram also arrived there and they all called Chandradeep Raut, the brother of the complainant, to the house of Birendra Rao on the pretext that his sister had fallen ill at village Patilar and he was required to go there. Accordingly, accused Motichand, Dhuri and Ramdeo accompanied Chandradeep Raut and proceeded to village Patilar whereafter the brother of the complainant, i.e., deceased Chandradeep Raut was never seen or heard of as he became traceless.