KAILA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and sentence dated 10.1.1991 passed by the then 1st Additional Sessions Judge, Palamau, in Sessions Trial No. 22 of 1986, whereby and whereunder, the appellants have been convicted under Secs. 302/201/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Sections 302/34 of the Indian Penal Code and also to undergo one year rigorous imprisonment for the offence under Secs. 201/34 of the Indian Penal Code, and both the sentences are directed to run concurrently.

(2.) THE allegation against the appellants for which they were charged and laced trial is for committing the murder of Ramdeo Bhagat and also for drawning the dead body into the well for screening themselves from legal punishment.

(3.) BALUMATH P.S. Case No. 52 of 1985 was registered at Balumath police station in the district of Palamau on the basis of a statement recorded in the police station itself given by P.W. 2 Chanko Devi who happens to be the wife of the deceased Ramdeo Bhagat being accompanied by P.W 5 Jageshwar Bhagat. Her case is that on 23.7.1985 she along with her husband mid returned home at village Lawagarha after selling goats at Bagra Bore Bazar at the sum of Rs. 340.00 . They returned home at about 4 p.m. and then she started preparation of night meal. In the meantime, the accused -appellant No. 2 (Budhram Bhagat) came to their house and extended invitation to the deceased Ramdeo Bhagat to the Puja ceremony being held at the hosue of his brother, accused -appellant No. 3 (Bini Bhagat). It was also told that after the Pujas, there was an arrangement of night meal there. Both Budhram Bhagat and the deceased Ramdeo Bhagat after taking khaini in the house had left for the Puja place. The informant after after preparing night meal got her children fed but still then when her husband did not return, she went to the hosue of accused -appellant No. 3 (Bini Bhagat) and there she found that her husband was sitting along with the accused -persons -appellants. When she requested him to come back to his home, he replied that he would come hack only after taking night meal at the Puja house. Then, she left the place and took her meal in the hosue and spent the night at the hosue of accused -appellant No. 2 (Budhram Bhagat) along with his wife and others. It was also told that her minor son Upendra had also gone along with her husband to the Puja house. In the morning when she woke up, she went her house and found that her husband was not there. She asked the inmates and could learn that her husband did not return home in the night hours. She then enquired from the accused -appellants thrice as to what happened to her husband and they replied that after taking night meal in the Puja house, the deceased Ramdeo Bhagat had left for his own house. She started searching but she could not find out. On her thrice visit to the house of Bini Bhagat, she found chappals of her husband and torchlight, carried by him in the night hours were lying at the doorstep of the accused -appellant Bini Bhagat. She suspected some foul play. In the meantime, a village woman, Biraj (Drain, who happened to be a neighbour of the accused -appellant Bini Bhagat reported to her that she heard the sound of dhab -dhuh and mar -pit in the house of Budhram Bhagat and then she saw all the three accused -appellants being accompanied by the deceased Ramdeo Bhagat going out and after some time all the three accused -appellants had returned but not Ramdeo Bhagat. On query it was reported to her that Ramdeo Bhagat had left for his house. Suspicion in the mind of the informant became deeper and deeper by this time and then the daughter of the deceased stated that .she saw white dhoti floating in the nearby well. Then, the informant along with the Villagers searched the well and then the dead body of Ramdeo Bhagat was recovered from that. well. It was found that there were several injuries on his person. Giving all these details, the fardheyan was lodged by the informant Jahanko Devi (P.W. 2) on the basis of which the case was registered and then the investigation started. During the course of investigation, inquest was held over the dead body of deceased Ramdeo Bhagat and then the same was sent for autopsy through challan. Witnesses were examined and it appears that one of the co -accused had made confession before the Investigating agency. After completion of investigation, charge -sheet was submitted against all the three accused -appellants under Sections 302, 201 and 34 of the Indian Penal Code. On being committed to sessions, charges were also framed against all the three accused -appellants under the said sections of the Indian Penal Code tide order dated 17.12.1987 and when the charges were read over and explained to the accused -appellants, they pleaded not guilty.