LAWS(PAT)-2010-2-15

BIGU SINGH Vs. STATE OF BIHAR

Decided On February 25, 2010
BIGU SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) All the above four appeals have been heard together and are being disposed of by this common judgment because they have arisen out of one judgment.

(2.) The appellants have been convicted for offences under Sections 302/34 and 201 of the Indian Penal Code by judgment dated 22.3.2005 passed by 7th Additional Sessions Judge, Gaya in Sessions Trial No. 106 of 2003/206 of 2003 and they have been sentenced to undergo rigorous imprisonment for life for offence under Section 302/34 of the Indian Penal Code and further sentenced to pay a fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for further two years. They have been further sentenced to undergo rigorous imprisonment for three years for offence under Section 201 of the Indian Penal Code. The sentences have been ordered to run concurrently.

(3.) Indrajeet Mistri has giver his fardbeyan. He is a resident of Village Khondi, P.S.-Wazirganj, District-Gaya. The fardbeyan was recorded by Sri K.P. Singh, the then Officer-in-charge of Wazirganj Police Station. According to fardbeyan, informant had gone to Wazirganj Block alongwith villagers Suresh Yadav and Kanhai Yadav, both the deceased of the case, on 2.3.2001. It has been alleged that while they were returning in the evening at about 7.00 P.M. and when reached near Ahira Bridge near Sahiya village, they noticed all the four appellants with one unknown person. They were variously armed with deadly weapons like rifles and pistols. Appellant Bigu Singh asked the informant and the deceased about their identification. The deceased Suresh Yadav disclosed his identity and thereafter, appellant Bigu Singh asked them as to why his name was not settled in the scrutiny. It was not responded. Thereafter appellant Bigu Singh dragged Suresh Yadav and all the rest accused persons started assaulting him. In the meantime, another deceased Kanhai Yadav attempted to escape but he was over-powered and appellants Sanjay Singh and Neeraj Kumar Singh fired upon him. Accused Uday Kumar and Neeraj Kumar Singh over-powered the informant and they got him locked in a room and threatened him not to disclose anything, otherwise, he will face similar consequences and it may result to elimination of his entire family. Later on, the informant was let off and allowed to go with threatening not to disclose anything about the occurrence anywhere. The informant narrated the entire occurrence to one Ishlok Yadav. They tried to locate Suresh Yadav and Kanhai Yadav. The informant, later on, came to know about recovery of two beheaded dead bodies in Dharampur Badhar. The matter was reported to police and fardbeyan of the informant was recorded which resulted in Wazirganj P.S. Case No. 16 of 2001 dated 4.3.2001. The motive of the occurrence, as mentioned in the fardbeyan, was land dispute between the parties. The police was also there and the headless dead bodies were identified as that of deceased Suresh Yadav and Kanhai Yadav by Rameshwar Yadav, Nanhku Yadav, Jawahar Yadav and local Dafadar Rahman Mian. The inquest report was prepared and headless bodies were dispatched for their post mortem examination. On 8.3.2001, appellant Neeraj Kumar Singh apprehended in connection with Wazirganj P.S. Case No. 18 of 2001 and confessed his role in bus dacoity which was got recorded by the then Officer-in-charge K.P. Singh (Ext.-8). He in that case made culpable confession that heads of Suresh Yadav and Kanhai Yadav were chopped off and on his confession on 9.3.2001, the chopped heads of both the deceased were recovered from a dried and unused well of appellant Bigu Singh which was located by the side of his house. The seizure list (Ext.-7) was prepared. The police after completing investigation submitted charge-sheet. Cognizance was taken and the case was committed to the court of sessions. Thereafter charges were framed and explained to the accused persons who pleaded innocence.and preferred to face the trial. Hence trial proceeded.