SHIBU SOREN Vs. C B I

JUDGEMENT

(1.) Criminal Appeal Nos.64 of 2007, 158 of 2007 and Criminal Revision No. 99 of 2007 seek to challenge judgment and order of Additional Sessions Judge, Tis Hazari Courts, Delhi, in Sessions Case No.3 of 2006, arising out of F.I.R. being R.C. No.5 (S)/96-SIU- (XI)/CBI/New Delhi, whereby learned judge vide his judgment dated 28.11.2006, while acquitting Suni! Khaware and Ashish Thakur, has convicted the appellants, namely, Shibu Soren, for an offence under Section 120-B read with Section 364/302 IPC; Nand Kishore Mehta @ Nandu under Section 120- B read with Section 364/302 IPC and for substantive offence under Section 302/201 IPC; Shalendra Bhattacharya under Section 120-B read with Section 364/302 IPC and for substantive offence under Section 201 IPC; Ajay Kumar Mehta @ Dilip under Section 120-B read with Section 364/302 IPC and for substantive offence under Section 201 IPC and Pashupati Nath Mehta @ Posho under Section 120-B read with Section 364/302 IPC and for substantive offence under Section 201 IPC. Further, vide his order dated 5.12.2006 has sentenced Shibu Soren to life imprisonment with fine of Rs.5 lacs and in default of payment of fine, further Rigorous Imprisonment for one year under Section 120-B read with Section 364/302 IPC. Out of the fine, the entire amount was to be paid as compensation to the family of the deceased in proportions mentioned therein. Nand Kishore Mehta @ Nandu was awarded sentence of imprisonment for life besides fine of Rs. 10,000/- and in default, shall undergo Rigorous Imprisonment for one year under Section 120-B read with Section 364/302 IPC. He was further sentenced to imprisonment for life with fine of Rs.10,000/- and in default of payment, shall undergo Rigorous Imprisonment for one year for substantive offence under Section 302 IPC as also Rigorous Imprisonment for three years and fine of Rs.5,000/- and in default, further Rigorous Imprisonment for six months for substantive offence under Section 201 IPC. Shalendra Bhattacharya was awarded sentence of imprisonment for life besides fine of Rs.10,000/- and in default, shall undergo Rigorous Imprisonment for one year under Section 120-B read with Section 364/302 IPC. He was further sentenced to undergo Rigorous Imprisonment for three years and fine of Rs.5,000/- and in default, further Rigorous Imprisonment for six months for substantive offence under Section 201 IPC. Ajay Kumar Mehta @ Dilip was awarded sentence of imprisonment for life besides fine of Rs.10,000/- and in default, shall undergo Rigorous Imprisonment for one year under Section 120-B read with Section 364/302 IPC. He was further sentenced to undergo Rigorous Imprisonment for three years and fine of Rs.5,000/- and in default, further Rigorous Imprisonment for six months for substantive offence under Section 201 IPC. Pashupati Nath Mehta @ Posho was awarded sentence of imprisonment for life besides fine of Rs.10,000/- and in default, shall undergo Rigorous Imprisonment for one year under Section 120-B read with Section 364/302 IPC. He was further sentenced to undergo Rigorous Imprisonment for three years and fine of Rs.5,000/- and in default, further Rigorous Imprisonment for six months for substantive offence under Section 201 IPC. All sentences were directed to run concurrently.

(2.) Brief facts of the case as have been noted by learned Additional Sessions Judge in his judgment under challenge are as follows :-

(3.) Central Bureau of Investigation (C.B.I.) in order to establish its case examined as many as 46 witnesses. Of these PW-1, Lekhraj, who does not support the prosecution, was allegedly witness to the T.I.P. of the accused Sunil Khaware at C.B.I. Office, New Delhi on 10.12.1997. PW-2, Anil Kumar Pancholi, also does not support the prosecution and is an alleged witness to T.I.P. of accused Sunil Khaware at C.B.I. Office, New Delhi on 10.12.1997. PW-3, Bali Karan Pandey; PW-4, Charu Oraon; PW-5, Dr. Gautam Sharma and PW-6, Sudershan Soni are the material witnesses who have been pressed into service to establish the case of the prosecution on the facts of conspiracy, abduction and murder of Shahi Nath Jha. PW-7 is Subodh Krishan Prasad, Sub-Inspector, who took photographs of the exhumed body from Piska Bagan, Piska Nagri. PW-8, Jumman Ali, is the owner of the plot where football match was held and which was attended by Shahi Nath Jha along with other leaders of the Jharkhand Party. PW-9, Mohd. Mumtaz Ahmed Khan, deposes to the allocation of party ticket of Nand Kishore Mehta for the Assembly Election from Hatia Constituency by the J.M.M. Party, Executive Committee, headed by Shibu Soren. PW-10, Vijay Raje, Junior Engineer, C.P.W.D. from Ranchi, prepared the site plan of the house of Nand Kishore Mehta @ Nandu as also of the place of recovery of the skeleton on the pointing of Charu Oraon, PW-4 and V.K. Pandey, PW-45. PW-11, Shamim Akhtar, deposes to have seen one dark complexion lady Tara Devi with Shalendra Bhattacharya travelling in a white Ambassador Car in May, 1994 in the village. PW-12, Jagniwas Mehto, is a witness of exhumed human skeleton from Piska Bagan, - Piska Nagri on 13.8.1998. PW-13, Dr. S.K. Lahiri, Senior Scientific Officer, C.F.S.L. Lodhi Road, deposes to the Polygraphy Test conducted and the report prepared. PW-14, Ram Dev Gop and PW-15, Kumari Kamla, are the formal witnesses. PW-16, Dr. T.S.N. Murthy, Joint Director, F.S.L., Hyderabad, conducted the superimposition test on the skull of the exhumed skeleton and prepared his report Exhibit PW-16/A with the opinion that the skull could belong to Shashi Nath Jha, the individual in the photograph. PW-17, Dr. Ajit Chaudhary from Department of Forensic Medicine, Rajendra Medical College, Ranchi, deposes to the postmortem conducted on the skeleton on 13.8.1998 and proves his report Exhibit PW 17/A. The report indicates the sex, age, injury and the time of death. PW-18, Vijay Nath Jha, younger brother of Shashi Nath Jha, deposes to an offer made to him of Rs.3-4 lacs to withdraw the complaint through Bhaskar on behalf of Shibu Soren. PW-19, Amar Nath Jha, is the elder brother of Shashi Nath Jha. He deposes to the complaint filed by him which was recorded as D.D. No. 19 dated 24.5.1994 at P.P. North Avenue, Delhi, Exhibit PW 45/B as also another complaint dated 2.6.1994 Exhibit PW 19/A which form the basis of the F.I.R. Exhibit PW 43/A, registered at Police Station Parliament Street, New Delhi. PW-20, Priyambda Devi, who is the mother of Shashi Nath Jha, deposes to the effect that Shashi Nath Jha apprehended danger from Shibu Soren 3 or 4 months prior to the incident. PW-21, Dhani Ram, who is a taxi driver, deposes to having dropped Shashi Nath Jha at Dhaula Kuan bus stand on 22.5.1994 at about 9:15 p.m. PW-22, Pawan Kumar Sharma, deposes to his friendship with Shashi Nath Jha and to the fact of Shashi Nath Jha being PA to Shibu Soren. PW-23, Satbir Ahmed, deposes to having seen Shashi Nath Jha on the evening of 22.5.1994. PW-24, Kumari Kavita, daughter of Shashi Nath Jha, deposes to the effect that on 2.6.1994, Shibu Soren stated to her sister Preeti and grandmother that Shashi Nath Jha was dead as also reluctance of Shibu Soren for investigation to the C.B.I. as also the help sought to be rendered by Shibu Soren to the child of Shashi Nath Jha. PW-25, Kumari Preeti's statement is on the same lines as of PW-24, Kumari Kavita. PW-26, Shashi Kumar Tripathi, deposes to have seen Shashi Nath Jha with Sushil Kumar. PW-27, S.I. Sukhi Ram, made an endorsement Exhibit PW 27/A on the complaint of Amar Nath Jha, PW-19, and got the F.I.R. registered at Police Station Parliament Street on 2.6.1994. PW-28, Viney Kumar Gupta, learned Metropolitan Magistrate, recorded the statement under Section 164 of Code of Criminal Procedure of Charu Oraon,(PW-4), Priyambda Devi (PW-20), Kumari Kavita (PW-24) and Kumari Preeti (PW-25). PW-29, Asha, deposes about the visit of Shashi Nath Jha to their office on 20.5.1994. PW-30, Dr. Sushil Kumar Shukla, Medical Officer from Sadar Hospital, Ranchi, is a Panch witness to the recovery memo Exhibit PW 30/A in respect of the skeleton exhumed from Piska Bagan on 13.8.1998. PW-32, G.R. Bhashkar, Retired Principal, Hyderabad, examined the skull and proved his report Exhibit PW 16/A. He also proved Clarificatory Report Exhibit PW 32/A. PW-33, Dr. K.C. Gandhi, Director Andhra Pradesh State, Forensic Science Laboratory, Hyderabad, deposes that the test conducted by T.S.N. Murthy (PW-16) were under his supervision and his report Exhibit PW 16/A. PW-35, Ravinder Nath Pandey, A.D.M., witnesses the recovery of skeleton ' from Piska Bagan on 13.8.1998. PW-36, Sushil Kumar, is a Chartered Accountant, who deposes to the deposit of Rs.30 lacs on 31.7.1993 at Punjab National Bank, Nauroji Nagar Branch, New Delhi by Shibu Soren. He also deposes to the events in the third week of January, 1994 where Shashi Nath Jha expressed his apprehension of danger to his Ifie from Shibu Soren. PW- 37, Dr. B.P. Sinha, deposes to be the owner of the plot from where human skeleton was recovered on 13.8.1998. PW-38, Mukti Tirthi, deposes to the visit of Shashi Nath Jha to his office on 20.5.1994. PW-39, Inspector R.L. Yadav, was an associated Investigating Officer as also witness to the search of residence of Sunil Khaware on 29.11.1997. PW-40, Ramesh Prasad Sahu, deposes that Nand Kishore Mehta is a member of the Jharkhand Mukti Morcha Party and Shibu Soren is its leader as also to the visit of Shibu Soren and his party members to the house of Nand Kishore Mehta. PW-41, Vijay Mahto, is the neighbour of Nand Kishore Mehta, who deposes to the same effect as deposed by Ramesh Prasad Sahu, PW-40. PW-42, S.I. Satyapal Singh, deposited the case property at F.S.L., Hyderabad, vide Exhibit PW 33/A and that the case property, while in his custody, remained intact. PW-43, S.I. Inderwati, recorded the F.I.R. No. 168 of 1994, under Section 365 IPC, Police Station Parliament Street on 2.6.1994. PW-44, Hemant Soren, son of Shibu Soren, deposes to his relations with Shashi Nath Jha. PW-45, Vinod Kumar Pandey, is the Investigating Officer while PW-46, U.K. Goshwami, D.S.P., C.B.I., New Delhi, deposes to have assisted Vinod Kumar Pandey (PW-45), Investigating Officer.