PAWAN KUMAR CHOURASIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant who is accused no.1 was prosecuted along with four others for the offences punishable under Sec. 302 read with Sec. 34 as well as Sec. 201 of the Indian Penal Code (for short, IPC). The appellant has been convicted for both offences. For the offence under Sec. 302 read with Sec. 34 of IPC, he has been sentenced to undergo life imprisonment. The High Court confirmed the conviction of the appellant, whereas the remaining four accused were acquitted.

(2.) First informant is one Lakhi Prasad Chourasia (PW-5). First Information Report (FIR) was registered on 20/6/1989. The statement of the first informant on the basis of which the FIR was registered notes that it has been recorded in the presence of Radhey Prasad Mandal (PW-1); Kisan Lal Mandal (PW-4); Satya Narain Mandal (PW-6); and Mohammad Tamijuddin (PW-7). It is alleged that on 10/6/1989, PW-5 had lodged a missing report. The missing report was in respect of his son Kamlesh and nephew Bulla, son of one Hira Chaurasia (PW-9). They were missing from 2/6/1989. PW-5 stated that at about 02:00 p.m. on 20/6/1989, he received a secret information that both the boys had been murdered by the present appellant in association with others. Therefore, he along with the persons mentioned above went to the house of the appellant and made inquiries. Though initially, the appellant denied, after some persuasion, he admitted in presence of the aforesaid persons that he and four others (co-accused) had killed both the boys by strangulating them and had concealed their bodies in the field of one Bhagirath at Nakki Bari. PW-5 along with the appellant and others went to the said field. The appellant removed the soil and both dead bodies were found. Thereafter, he came to the police station and lodged a complaint.

(3.) The prosecution examined 10 witnesses. PW-1 Radhey Prasad Mandal; PW-2 Jagdish Prasad Chourasia; PW-3 Shobha Lal Mandal; PW-4 Kisan Lal Mandal; PW-5 the complainant himself; and PW-6 Satya Narain Mandal were declared hostile. According to the prosecution case, the appellant had made a confession in presence of these witnesses. PW-7 Md. Tamijuddin; PW-8 Suchai Mandal and PW-9 Hira Lal Chourasia supported the prosecution case and deposed about the extra-judicial confession made by the appellant to them. PW-10 is a doctor who performed the autopsy. The Investigation Officer was not examined. The conviction of the appellant is based on the extra-judicial confession. Both the Courts have believed the prosecution case regarding the alleged extra-judicial confession.