RAMJEE RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants herein with Bharat Rai and Ganeshi Rai (since deceased) were prosecuted for commission of the offence of causing intentional death to one Baijnath Singh and disappearance of his dead body.

(2.) A First Information Report was lodged by Rajnath Singh (PW-3), brother of Baijnath Singh (deceased) alleging that on 21.08.1980 at about 4 in the afternoon he along with him was at their plot of land situated by the side of a Dhab in the north of village Dudhiyan where they had gone for culling Masuria Crops. The Appellants together with Bharat Rai and Ganeshi Rai variously armed, took them forcibly on a boat to the Dhab letting the boat moving freely. After the boat had proceeded some distance, they started assaulting the deceased. He, however, finding an opportunity in this behalf jumped from the boat and started swimming towards the higher ground, shouting and crying for help. Baijnath Singh died as a result of the assault and his dead body was carried away in their boat. It was stated that the occurrence had been seen by Satyanand Singh (PW-1), Kameshwar Singh (PW-2) and Pancham Singh (PW-5). It was alleged that in view of the flood conditions as also due to night fall, the report could not be lodged in the night. As regards motive for commission of the said offence, the informant alleged that the deceased had a piece of land near the house of the accused and they repeatedly used to pluck the maize and cut away the Masuria crop grown on that land as a result whereof the parties had been quarreling with each other. Allegedly, Baijnath Singh had also apprehended the accused cutting away his Masuria crop wherefor he had abused them in retaliation. The accused persons are said to be belonging to one family and they had been indulging in commission of theft and dacoity. The murder of Baijnath Singh was said to have committed in retaliation of the said incident. In the First Information Report, two accused were said to be carrying country made pistols while the rest were armed with gandasas, lathies and spears. The dead body was recovered after five days, ie., 26.08.1980. The dead body was first seen by the Chowkidar (PW-4) of the village. He reported to the informant thereabout. He came and also identified the dead body. All the accused persons were convicted for commission of an offence u/s. 302/34 read with Sec. 201 of the Indian Penal Code and sentenced to undergo imprisonment for life u/s. 302/34 and five years rigorous imprisonment u/s. 201 of the Indian Penal Code by a judgement and order dated 31.07.1987. An appeal preferred thereagainst by the accused has been dismissed by the High Court by the impugned judgment.

(3.) Mr. P.S. Mishra, learned senior counsel appearing on behalf of the Appellants, submitted that the learned Sessions Judge as also the High Court committed a serious error in holding that the dead body had been identified to be that of the deceased. According to the learned Counsel, keeping in view the post mortem report which clearly showed that only bones were visible, it could not have been identified and in that view of the matter the prosecution case cannot be said to have been proved.