SUDAMA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The five accused persons along with two others were tried by the Third Additional Sessions Judge of Bhojpur in Bihar. The Sessions Court acquitted the other two accused persons and convicted these appellants for the offences punishable under Section 302 read with Section 34, Section 376/511 and Section 201/34, I.P.C. and sentenced all the appellants to death. On appeal, the Division Bench of the High Court of Bihar confirmed the conviction of all the five appellants, but commuted the death penalty to imprisonment for life.

(2.) The appellants were tried on the allegation that they had caused the death of a 12 years old girl by name Gudia Kumari. Gudia Kumari was a student of Class VIIth. On 6-11-1996, at about 9.30 a.m. she left the house for the school but did not return home till evening. The members of her family started searching her but they could not find out her whereabouts, on that day. On the next morning, PW1, Satendra Singh, the brother of Gudia Kumari came to know that her dead body was lying in the field of one Ravi Shankar Pandey. PW9, the Sub-Inspector of Police also came to know that the dead body was lying in the field and he went there along with the Deputy Superintendent of Police. PW8, Dadan Singh gave statement to the police and on the basis of that statement, a case was registered against Bhushan Mahto, Madan Pandey and Bhuchai Mahto. PW9 conducted further investigation in the matter and Inquest was held over the dead body, and the dead body of Gudia Kumari was sent for post-mortem examination.

(3.) PW-9 took statements of the witnesses and finally laid charge-sheet against seven accused persons. On the prosecution side, 10 witnesses were examined and on the defence side, 3 witnesses were examined. There is no direct evidence to show as to how Gudia Kumari was done to death by the assailants. The learned Sessions Judge relied on the various circumstantial evidence and found these appellants guilty of the offences and the said finding was confirmed by the High Court.