- (1.) THE appellants were charged under Sections 302/34 of the Indian Penal Code for committing murder of Pradeep Kumar Verma. Learned trial court, on conclusion of trial, found the charges proved against the appellants and by the impugned judgment convicted them under Sections 302/34 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life.
(2.) THE prosecution case was based on the fardbeyan of Gobind Mahto -P.W. 6 dated 28.2.1992. The prosecution case, in brief, is that Pradeep Kumar Verma was a student of Madhupur College. On 26.2.1992 at about 8 -9 A.M. he left his house 'for filling up form of I.Com. examination in his college at Madhupur. He had Rs. 550/ - in his pocket. He was to come back home on the same day, but he did not return. The next day also he did not return. The informant alongwith his brother Basudev Mahto and Naresh Mahto, then, started searching him. In course thereof they reached Madhupur, but they did not find him. In the meantime at night the youngest brother of the informant namely Hari Mahto came from village and reported that even on that day he did not return home. The informant again started searching him throughout the town. While they were going towards east through the railway track of Madhupur at about 5:30 A.M. they spotted that five persons had pressed someone on the railway track. On seeing the informant the said persons fled away. When the informant went there with his brothers Basudev and Janardan, they saw Pradeep lying dead. Fresh blood was oozing from his mouth and nose. It was stated that there was land dispute and litigation between the informant's family and the accused persons, out of enmity, the appellants killed Pradeep Kumar Verma.
(3.) ON the said fardbeyan of the informant, Police registered a case under Sections 302/34 I.P.C. and on conclusion of investigation the Police submitted charge -sheet against the accused -appellants.;