AJAY ANGELO Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the five appellants have been convicted under Sections 302/34, 201/34 and 323/34 of the Indian Penal Code and have been sentenced to undergo life imprisonment, rigorous imprisonment for five years and one year, respectively, which are to run concurrently, vide impugned judgment and order, dated 30.11.1995 in S.T. No. 151 of 1992 passed by Sri Bishwanath Pd. Singh, the then Additional Sessions Judge, Palamu at Daltonganj. This is a triple murder case in which Lallan Ram, Ganesh Kumar and Nanhu Mahto, the forest personnel, were done to death, shortly after the mid-night, intervening 30th/31st August, 1991, at Palamu Forest Kila area, near Oranga river, within Barawadih Police Station, district Palamu. The distance between the scene of occurrence and Barawadih Police Station is about 28 kms.

(2.) Briefly stated, the prosecution case, as made out in the First Information Report (Exhibit 6), lodged by Mahendra Prasad (PW 6) with Barawadih Police Station on 31.8.1991 at 6 a.m., is as under : On 30.8.1991, around 3 p.m., the informant, accompanied by Pancham Kumar Dubey, a forester, PW 1, Ramraj Singh, forest-trekker (PW 5) and the three deceased were on patrolling duty in the forest and they spotted the appellant Prithvi Bhuian felling a tree in the forest with axe (tangi), to which they protested, whereupon he went away holding out threats to them. At about mid-night, the informant with his colleagues, after night patrolling duty, returned to their quarters (forest guard quarters) situated close to Palamu Kila Forest area (at a distance of 20 yards from the Oranga river), took their dinner and were gossiping, when at about 12j30 a.m. about 16-17 miscreants, variously armed with gun, tangi (axe) and lathi, out of whom 12, including the appellants Ajay Angelo, who was armed With tangi, Shrawan Bhuian and Prithvi Bhuian, who wielded guns, were identified on the spot in the torch-light flashed by him and his associates. The identified culprits were of residents of Lukumkhar within PS. Barawadih. The miscreants entered the quarters, overpowered the informant and his colleagues, brought them out, tied their hands and feet with rope and severely assaulted them with gun butts, tangi and lathi and the forest guard Ganesh Ram and the forest trekker Nanhu Mahto were tied on the spot. All the three deceased, the informant and his fellow workers (PWs 1 and 5) were dragged and thrown into the nearby Oranga river. The informant (Pancham Kumar Dubey), PW 1 and Ramraj Singh (PW 5), fortunately after flowing into the river for some time and to some distance got stuck into the bushes and rock in the river. They freed themselves from the tied ropes, swam across the river, sheltered themselves for some time within the bushes, narrated the incident to the Range Officer, Betla Forest, situated within half km. therefrom, and pursuant to his direction, on a departmental vehicle, driven by Hari Narayan Mishra, PWs 1, 5 and 6, went to Barawadih Police Station. The informant (PW 6) lodged the First Information Report at about 6 a.m., which was recorded by the police officer and on finding it to be correct, PW 6 put his signature (Exhibit 4) thereto. On the basis of the First Information Report (Exhibit 6), the present case came to be instituted and investigation commenced. The informant and PWs 5 and 6 were sent to the Primary Health Centre, Barawadih for medical examination and treatment of their injuries, the Investigating Officer held inquest over the dead bodies of deceased Ganesh Ram, Nanhu Mahto and Lallan Rai (vide Exhibits 7 series), took charge of their dead bodies, sent them for post-mortem examination, visited and inspected the spot and on completion of investigation, charge-sheet was laid in Court against the appellants and seven others, while other eight accused were shown absconders.

(3.) The case was, ultimately, committed to the Court of Sessions by the then Addl. Chief Judicial Magistrate, Latehar.