BASUDEO MAHATON Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appeals have been heard together and are being disposed of by this common judgment because all these appeals are directed against the judgment and order dated 8.7.1986 passed by Sessions Judge, Sitamarhi in Sessions Trial No. 200/84 convicting and sentencing appellant Teetari Devi to undergo R.I. for a period of ten years under Section 364/109 of the Indian Penal Code (in short, IPC) and the remaining appellants to undergo imprisonment for life under Section 364, IPC. Appellants Satya Narayan Nayak @ Kirani and Shukhalal Sah have been further convicted and sentenced to undergo imprisonment for life under Section 302, IPC and R.l. for five years under Section 201, IPC. The different sentences passed against these two appellants have been ordered to run concurrently.

(2.) The case of prosecution in short is that on 21.2.1984 at about 6.00 p.m. informant Kamaldeo Sah (PW 19), the then 'dafadar' of Beat No.1 went to Bela Police Station within the jurisdiction of District Sitamarhi and lodged the FIR (Ext. 8) stating therein that on the same day at about 2.00 p.m. he heard rumour that a headless body was lying in Bhentpur Sareh and murder had been committed by cutting the neck of that man in the previous night. On this information he along with chawkidar Makai Sah (not examined), chawkidar Bisheshwar (not examined) and other villagers went to Bhentpur Sareh were he found the dead-body of a man lying in the field of one Charitar Rai. The head of the body was missing as it was cut and removed and the body was headless. The informant left both the chawkidars there and he himself proceeded to police station. In the way he came to know that blood stains had been found at 2-3 places near the pond of one Nemi Sah of village Srirampur and blood was also found in the ditch near the pond but attempt had been made to remove the signs of blood stains there by cutting the soil and mixing it with the mud. The informant then went to the aforesaid pond of Nemi Sah and found blood stains there. Thereafter informant went to police station and lodged the FIR. A case under Section 302/201, IPC was registered against unknown and after investigation charge-sheet against appellants Satya Narayan Nayak, Sukhlal Sah, Tetari Devi, Ramprit Sah, who is dead now, and co-accused Kirit Lal Sah (since acquitted) was submitted. After taking cognizance the case was committed to the Court of Sessions where charges under Sections 302 and 201, IPC and a further charge under Section 364/109. IPC against appellant Tetari Devi and charge under Section 364, IPC against appellants Sukhlal Sah, Ramprit Sah and Satya Narayan Nayak were framed. After recording statements of two witnesses appellants Basudeo Mahaton, Kirit Rai, Chulhai Mahato and Suleman Mian @ Fasadi Mian were also put on trial under Section 319 of the Code of Criminal Procedure after framing charges under Section 364, IPC against them. The case of appellants is denial of charges against them and their false implication in this case. The plea of alibi has been taken on behalf of appellant Satya Narayan Nayak. Two witnesses have been examined on behalf of appellants. After trial the Court below acquitted co-accused Kirit Lal Sah but so far the case of appellants is concerned, they all were found guilty and they have been convicted and sentenced as indicated above.

(3.) In order to prove its case the prosecution has examined 21 witnesses, Kamaldeo Sah (PW 19) is the informant. Chaudhary Sah (PW 11) and Yogendra Sah (PW 13) have proved their signatures (Ext. 7, 7/1 and 7/3) on seizure list prepared by police when it has seized blood stained earth and some articles. PW 11 has said that police recovered and seized blood stained earth from Bhentpur Sareh; a rusted blood stained 'Khurpi' from the potato field of appellant Sukhlal Sah but. about pay-in-slip of a Bank, a pair of "chapal" and a shirt he has said that these articles were shown to him by police at school and he put his signature on seizure list under the orders of police. Both these witnesses have been declared hostile by the prosecution. Ram Naresh Sah (PW 14) has said that on 20.2.1984 at 5.00 p.m. he had seen the son-in-law of appellant Sukhlal Sail in a bus but he did not identify any other passenger in the bus. He has also been declared hostile Ram Talewar Rai (PW 20) has also been declared hostile by prosecution because in his evidence he has not stated any material fact. Sidheshwar Raj (PW 12), Bachcha Prasad Sinha (PW 17), Durga Prasad (PW 18) and Jitendra Jha (PW 21) are formal witnesses who have proved signature (Ext. 7/2) of PW 12 on the seizure list, plaint (Ext. 11) of Partition Suit No. 3/84, a sale-deed (Ext. 12) executed by Ram Tej Sah @ Kamal Sah whose headless body, as alleged by prosecution, who found lying in a field by informant of this case and inquest report (Ext. 13/1). Dr Dharmadeo (PW 16) is the doctor who had conducted post-mortem on the dead-body recovered in this case. Birendra Mohan Kumar (PW 15) is the I.O. Mahendra Paswan (PW 7), the then chawkidar had gone to Bhentpur Sareh where he had seen the dead-body and identified the dead-body as of Ram Tej Sah. Ram Bilash Sah (PW 1), Kedar Sah (PW 2), Kewalwati Devi (PW 9) and Ram Shankar Prasad (PW 10) had seen Ram Tej Sah going with appellants from his village. Suresh Prasad (PW3) and Lakshmi Prasad (PW 8) had seen Ram Tej Sah with appellants at Parsa Lodge at Sitamarhi. Kishori Sah (PW 6) had seen Ram Tej Sah with appellants at Parwaha More Bus Stand. Kishori Lal (PW 4) who is 'bahnoi' of Ram Tej Sah is a hearsay witness who was told by his brother Suresh Prasad (PW 3) that on 20.2.1984 Ram Tej Sah had come to him at Parsa along with appellants. Ram Sagar Prasad (PW 5) is the brother of Ram Tej Sah and has said that on 19.2.1984 appellants Sukhlal Sah and Satya Narayan Nayak along with Ramprit Sah came to the village and requested his mother to send Ram Tej Sah for 'vidagiri' of his wife and then mother of Ram TeJ Sah permitted his son to go with him to village Taliyahi via Sitamarhi on next day.