LALDEEPBHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of conviction and sentence dated 11-9-1989 passed by the 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 142 of 1989. The appellant has been convicted for the offence under sections 302. 376 and 201 of the Indian Penal Code and has been sentenced to undergo imprisonment for life, rigorous imprisonment for ten years and five years under the aforesaid sections respectively. The sentences were ordered to run concurrently.

(2.) The case of the prosecution is that the informant P.W. 11 went to the police station along with villagers and the appellant on 13-3-1988 and gave his Fardbeyan at about 9.45 A. M. stating, inter alia therein, that on 11-3-1988 his sister Nazma Khatoon had gone to Kurthani Gudri Bazar for selling Bananas. She did not return to her house in the evening. He searched her but he could not find her any trace. On 13-3-1988 while he was coming to the police station, Binda Paswan P.W. 10 of village Ballia Malang met him and disclosed that in the evening of 11-3-1988 there was rain and storm and his sistar took shelter in the Cattle shed of one Brahmdeo Thakur. He had gone to tie cattle and he found the appellant talking with her and they went towards west when rain stopped. The informant on the aforesaid information called the appellant but he did not give any clue of his sister. He also learnt from the villagers that wheat crops in a field situated towards south of Ballia Chowk near a tank were trampled.

(3.) On the aforesaid Fardbeyan a formal F.I.R. (Ext.-6) was registered for the offence under Sections 363, 365 and 366A of the Indian Penal Code and the case was taken up for investigation. During interrogation by the police the appellant made confesion of his guilt and pointed out the place where he had concealed the dead body of Nazma Khatoon and on the basis of the aforesaid disclosure a gunni bag was recovered from Fatehpur Tank in which the dead body of Nazma Khatoon was found and thereafter the case was converted into one under Sections 302, 376 and 201 of the Indian Penal Code. After investigation charge sheet was submitted by P.W. 5. On receipt of the charge sheet in the court, cognizance was taken and the case was committed to the court of Sessions for trial.