Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.523 of 1989 (Against the judgment of conviction and sentence dated 5.10.1989 passed by the learned 9th Additional Sessions Judge, Munger in Sessions Trial No.556/1996) =================================================== Chamak Lal Paswan, son of Late Gajo Paswan, resident of village- Ghorghat, P.S.- Kharagpur, District- Munger. .... .... Appellant Versus The State of Bihar .... .... Respondent =================================================== Appearance : For the Appellant : Mr. Shakil Ahmad Khan, Sr. Advocate : Mr. Ram Sevak Choudhary, Advocate For the State : Ms. Shashi Bala Verma, A.P.P. =================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT Date: 23-01-2012 (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) The sole appellant has preferred this appeal against the judgment of conviction and sentence dated 5.10.1989 passed by the learned 9th Additional Sessions Judge, Munger in Sessions Trial No.556/1996 by which the appellant has been convicted and sentenced to undergo Patna High Court CR. APP (DB) No.523 of 1989 dt.23-01-2012 2 rigorous imprisonment for a period of 10 years under Section 264, imprisonment for life under [STATUTE] with a direction that all the sentences will run concurrently. 2. The prosecution case, in brief, is that on 14.08.1979, the appellant, the Peon of the school, came to the house of the informant Dilip Kumar (P.W.3) intimating Sripati Chaudhary (deceased) that the Headmaster of the school was calling him for some necessary works. At that time, the wife of the deceased (P.W.1), mother (not examined) and brother Shankar Prasad (P.W.2) were present. Sri Vidya Sagar Singh (acquitted), the Headmaster of the school was residing in his house at Shanichra Sthan, Mohalla- Jamalpur Deeh. The appellant was familiar with the members of the family of the deceased. The deceased accompanied the appellant and told the members of his family that the headmaster would be calling him for the celebration of 15th August, which was following on the next day. The deceased did not return to his house in the night. Thereafter, on the next day at about 11.00 A.M., the informant went to the school of his brother (deceased), but Patna High Court CR. APP (DB) No.523 of 1989 dt.23-01-2012 3 no one was available there. On the third day i.e. on 16.08.1989, the informant went to the school and met the Headmaster and the Peon (appellant). On inquiry, the appellant told that on 14th of August, 1989 itself, he accompanied the deceased to the house of the Headmaster. Thereafter, he does not know whereabouts of the deceased. After some time, the Headmaster accused Vidya Sagar Singh came there and he also showed ignorance. It has been suspected that the appellant in collusion with the other accused has confined the deceased somewhere with intention to kill him. A written information dated 22.08.1979 (Ext.1) was given to the police station. Thereafter, Jamalpur P.S. Case No.16 dated 22.08.1979 was instituted under [STATUTE] . 3. After investigation, charge-sheet was submitted against the accused Chamak Lal Paswan (appellant), Bhagwan Paswan and Vidya Sagar Singh for the offence punishable under [STATUTE] . Accordingly, cognizance was taken against the aforesaid three accused for the offence punishable under [STATUTE] . The case was committed to the court of sessions where the accused were put on trial. The accused Patna High Court CR. APP (DB) No.523 of 1989 dt.23-01-2012 4 pleaded their innocence, so the trial proceeded. 4. The charges were framed against all the three accused for the offences punishable under [STATUTE] . After the trial, the accused Vidya Sagar Singh and Bhagwan Paswan have been acquitted and the appellant has been found guilty and convicted and sentenced, as aforesaid. 5. The defence of all the three accused is that they are not guilty and they have not committed any offence. 6. In order to substantiate its case, the prosecution has examined Shanti Devi (P.W.1), Shankar Chaudhary (P.W.2), Dilip Kumar (P.W.3), Ishwar Pd. Chaudhary (P.W.4), Lala Trinetra Bhushan Prasad (P.W.5), Satya Narayan Pd. Gaur (P.W.6), Anoop Paswan (P.W.7), Shivpati Chaudhary (P.W.8), Ram Bahadur Pal (P.W.9), Banarasi Chaudhary (P.W. 10) and Mahadeo Chaudhary (P.W.11). 7. The defence has also examined Gautam Singh (D.W.1) and Ramanand Singh (D.W.2). 8. Now, let us examine as to whether the prosecution has been able to substantiate its case against the appellant beyond reasonable doubt. Patna High Court CR. APP (DB) No.523 of 1989 dt.23-01-2012 5 9. P.W.4 and P.W.11 out of the prosecution witnesses have been tendered. P.W.1 is the wife of the deceased and P.W.2 is the son of the deceased. P.W. 3 is the informant himself and the brother of the deceased. They have supported the facts of the case to the extent that on 14.08.1979 at about 6.00 P.M. the appellant (peon of the Ghorghat High School) came to their house and intimated Sripati Chaudhary (deceased) that the Headmaster Vidya Sagar Singh was calling him at his residence and requested to accompany him. P.W.1 has stated that thereafter, the deceased went with the appellant and told her (P.W.1) that he would return after the flag hoisting on 15th August, 1979. Her husband did not return on 15.07.1979 to his house, thereafter, she asked her Devar Dilip Kumar (P.W.3) to search him. P.W.3 went to the Ghorghat High School and told her no one was available there. Then, she also went to the house of the Headmaster on 16.08.1979 to inquire about her husband. The Headmaster Vidya Sagar Singh told her that he (deceased) had gone to Patna. P.W.3 also searched him in the school and also at the house of his relatives, but he was not t

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.