- (1.) THE appellants Ramesh Pandey and Ram Chandra Pandey were tried and convicted by the trial Judge under Section 302. IPC. On being found guilty, each one of them was sentenced to isonment for life. Jira Munda, who was arrayed as A -3 was also charged, tried and quitted. The present appeal is by the convicted accused.
(2.) RAM Chandra Pandey, after filing appeal died in jail and the Superintendent Central Jail Hazaribagh sent a letter dated 13.9.2005 to the relatives of Ram chandra Pandey intimating about his death. counsel for the appellant, Ram Chandra pandey submits that since Ram Chandra pandey died on 13.9.2005, the appeal abates. have perused the letter sent by the Superitendent, Central Jail, Hazaribagh and from the that we find that Ram Chandra Pandey, after filing the appeal died. Therefore, appeal filed by him abates. This Court has to consider the appeal of the appellant, Ramesh Pandey, who was arrayed as A -l. In this appeal, the appellant, Ramesh Panday and the appellant, Ram Chandra pandey, who died pending the appeal and Jira Munda. who was acquitted by the trial court will be referred as A -1 to A -3 in the same order as they were arrayed before the trial Court. The first accused married Rajni @ Jagni and according to the prosecution, this Rajni @ Jagni was in the habit of running away from the house very often. Prior to 14.5.1992, the deceased, Rajni @ Jagni ran away from the house. She was not seen by anyone. While so, one Shrawan Singh, who was examined as PW 2, was in the land of Lalu. A piece of bone was brought by a dog from a nearby place. PW 2 and other villagers went there and found in the field of Lalu a ditch and felt that some foul smell is emanating from the place. They informed the police officer who was on duty in village Murachkel. He reached the place of occurrence along with constables and choukidar. In the ditch the police officer found bones, sari pieces, blouse pieces and bangles. Radheshyam Ram PW 13 recorded the fardbeyan, Ext. 3 given by PW 2 on the basis of which a crime was registered against unknown persons. The investigation was taken up and the bones were sent for examination. The bones were examined by Dr. Ajit Kumar Choudhary who was examined as PW 15. The doctor, after examining the bones, gave his certificate, Ext. 8 stating that he is not in a position to give the details of the age and sex of the person whose bones were sent to him. He was also of the opinion that such bones did not bear any mark of homicidal injury and hence it is not possible to say that the bones were of the deceased lady.
(3.) DURING the course of investigation, after the arrest of appellant, Ramesh Pandey, a requisition was given to the Magistrate to record his statement under Section 164, Cr PC. On receipt of the said requisition, A -l was produced before the Magistrate (he was not examined and the statement of the 1st accused said to have been recorded by the Magistrate was marked through a clerk as (Ext. 7).;