STATE Vs. RAJENDRA SINGH

JUDGEMENT

(1.) THE Appellants were convicted under Section 302/34, Indian Penal Code by the Sessions Judge of Mayurbhanj -Keonjhar for having in furtherance of their common intention caused the death of one Rushi Patra. For the said conviction, Appellant Ghanashyam Prasad Sahu was sentenced to undergo rigorous imprisonment for life and Appellant Rajendra Singh was sentenced to death. Both the Appellants were further convicted under Sections 201/34, Indian Penal Code and while Ghanashyam Prasad Sahu was sentenced to suffer rigorous imprisonment for five years, the other Appellant was sentenced to undergo rigorous imprisonment for seven years. Both the Appellants have preferred appeals against the said convictions and sentences passed against them. The Sessions Judge has also made a reference under Section 374, Code of Criminal Procedure for confirmation of the sentence of death passed on Rajendra Singh. The reference and the appeals were heard together.

(2.) ONE Ram Golam Sahu, a resident of Bihar has a licence to run a liquor Bhati at mouza Bolaniposi. Appellant Ghanashyam Prasad Sahu is the son of Ram Golam Sahu and used to remain in charge of the Bhati. Appellant Rajendra Singh and one Kanta @ Kanta Prasad Singh, who was one of the accused in the trial Court but has since been acquitted, were employees under Ghanashyam Prasad Sahu at the Bhati. Besides these two, There were other employee a in the Bhati, one of them being Mathura Prasad p.w. 8 and the other the deceased Rushi Patra, on Wednesday (10 -1 -1968), the deceased Rushi Patra was sent with the Bhati of Liquor to be delivered to p.w. 5" a retail dealer at mouza Baikala. Appellant Rajendra Singh also went to that village with the deceased to realise outstanding arrears from some retail sellers. The prosecution case is the both Rajendra Singh and the deceased returned to the Bhati that evening. As the deceased Rushi Patra took some fresh liquor without the permission of the master Ghanashyam, The latter rebuked him. On the deceased taking exception to his being abused by Ghanashyam. The latter gave some slaps to the deceased as a result of which he fell down. Thereafter, Ghanashyam caught bold of both the bands of the deceased and Rajendra Singh caught hold of his two legs and then the latter (Rajendra) assaulted the deceased with a small stick on his thigh, scrotum and other tender parts. Rushi Patra became senseless and about a half an hour thereafter died. The further case of the prosecution is that thereafter under the direction of Ghanashyam Prasad, Rajendra Singh and Kanta Prasad carried the dead body from the place of assault accompanied by one Nageswar who has since absconded. Nageswar, it seems, carried a Bhar, two tins and a Bala which Rushi Patra used to carry while carrying liquor to villages for delivery to retail dealers. The dead "body was left on the Goda land in Guduruposi village and the Bhar, the two tins and the Bala which Nageswar carried were also placed near the dead body obviously to make it appear that while the deceased was returning on Wednesday evening from Baikala village he fell down at the spot and died. On the following morning, Kasinath Naik p.w. 1 noticed the dead body and made inquiries at the Balaiposi Bhati to ascertain if the deceased was one of the labourers engaged at the Bhati. The Appellant Ghanashyam Sahu, it seems, directed him to report the matter to the Police which p.w. 1 did. p.w. 9, the Officer -in -charge drew up the U.D. F.I.R. Ext. 4, proceeded to the spot, held an inquest over the dead body and sent it for post mortem examination. During the course of enquiry, the Sub -Inspector of Police came to know that it was a case of homicide, and, therefore, on his own information, the F.I.R. Ext. 6 -1 under Sections 302/201, Indian Penal Code was drawn up on 23 -1 -1968 against four accused persons, namely, Ghanashyam Prasad Sahu, Rajendra Singh, Kanta Prasad Singh and Nageswar Singh. During the course of investigation the statement of Mathura Prasad p.w. 8, said to be the sole eye -witness to the occurrence, was recorded under Section 164, Code of Criminal Procedure. A charge -sheet under Sections 302/201, Indian Penal Code was filed only against the two Appellants Ghanashyam Prasad Sahu and Rajendra Singh.

(3.) IN the Court of Sessions, charges under Sections 302/34 and 201/34, Indian Penal Code were framed against both the Appellants and Kanta Singh. Relying mainly on the evidence of p.ws. 2 and 3, who deposed that they had seen the deceased at the Bhati on the evening of Wednesday (10 -1 -1968) and the statement made by p.w. 8 on the first occasion in the Court of the committing Magistrate which was brought on record under Section 288, Code of Criminal Procedure, the learned Sessions Judge convicted both the Appellants on the charges framed against them and sentenced them in the manner already stated. He acquitted the other accused Kanta Prasad Singh on the ground that he protested when the two Appellants assaulted the deceased and that although he joined hands with Appellant Rajendra Singh in carrying the dead body to a distant place, he did not do so voluntarily with the intention to cause disappearance of evidence but he had to do so on the direction of his master Ghansshyam Prasad.