OBAID AKHTAR AND ANR. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both these, appeals have been taken up and heard together since they arise out of a common judgment.

(2.) Both the Appellants, i.e., Appellant Obaid Akhtar of Cr. Appeal No. 195 of 1914 and Appellant Md. Anamul Haque of Cr. Appeal No. 271 of 1984 have been convicted for the offence punishable under Sec. 302/34 of the Indian Penal Code and each of them have been sentenced to undergo rigorous imprisonment for life by judgment and order dated 25.1.1984 passed by Shri Awadh Kishore Prasad Sinha, 2nd Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 146/82/42/82. Further these two Appellants have also been convicted under Sec. 394 of the Indian Penal Code and the same sentence has been awarded under this count us well Both the sentences, have, however, been ordered to run concurrently.

(3.) The relevant facts leading to these two appeals are that on 7.8.1980 while Sitaram Singh (P.W. 6), who is the informant of this case, the then Dafadar of Bit No. 2 belonging to village Morsand, P.S. Runisaidpur in the District of Sitamarhi, was going to his house from Saidpur and when he reached near the High School, he heard a rumour that one dead body was lying in the maize field. He went inside the said maize field along with Jagarnath Singh (P.W.5), the Mukhiya of Morsand Gram Panchayat, at about 6 P.M. and there they found a highly decomposed dead body, i.e. only the skelton was found lying in the said maize field. The dead body was naked and near the deed body there were Hawai Chapal, flying - shirt Pant, etc., besides broken teeth and the hairs of the deceased. Thereafter, Sitaram Singh, (P.W.6) went to Runisaidpur Police Station along with the aforesaid Mukhiya, Jagarnath Singh (P.W.5) and got a report written by Jagarnath Singh (P.W.5) regarding the aforesaid facts and submitted the same before the Officer -in -charge of Runisaidpur Police Station at 7 P.M. on the same date, which has been marked as Ext. 1, on the basis of which the Officer -in -charge of Runisaidpur Police Station drew up a formal First Information Report (Ext.6) under Ss. 302 and 201 of the Indian Penal Code, being Runisaidpur P.S. Case No. 2(8)80, against unknown. Thus the aforesaid case came to be instituted.