ANIL URAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The above noted Death Reference along with three appeals arise out of the Judgment of conviction dated 18th of September, 2008, passed by the learned Additional Sessions Judge -cum -Presiding Officer, Fast Track Court No.V, Patna, in Sessions Trial No.188 of 2007. They have been heard together and are being disposed of by the present common judgment. While holding the appellants guilty of committing offences under Sections 396 and 412 of the Indian Penal Code by the above order of conviction the learned trial Judge heard the appellants on sentence on 19.9.2008 and awarded sentence of death to appellant Shankar Kanu alias Shankar Sao. The sentence of rigorous imprisonment for life was awarded to appellants Anil Uraon, Manohar Kumar and Ashish Kumar Rai for their respective convictions under Section 396 of the Indian Penal Code. They were also directed to pay fine of Rs. 5,000/ - each and in default in paying the fine were directed to suffer further R.I. for six months each. The learned Judge did not pass any separate sentence under Section 412 against any of the above noted appellants. As regards appellant Ram Chandra Mahto, he had been convicted for the charge under Section 414 of the Penal Code and he was directed to suffer rigorous imprisonment for two years for committing that particular offence. Awarding sentence of death to Shankar Kanu alias Shankar Sao necessitated submission of the rial 3 court to this Court under Sn 366 Cr.P.C. and, as such, the above noted death reference. Besides, appellant Shankar Kanu alias Shnakar Sao also preferred his appeal with other appellants.

(2.) The facts of the case as per the F.I.R. and the evidence of witnesses are as follows: -

(3.) It appears, things were normal in the night intervening 2nd/3rd December, 2006 and both Papiya Ghosh and her maid servant retired to their beds after meals. No one knew what happened in the dead of night. There was no movement of a soul till the morning of 3.12.2006 when another maid servant, namely, Geetvi,P.W.5) came there to perform her course around 7 -7.15 A.M. She came shouting to P.W. 1 Neeta Aditya to tell her that in spite of having pushed the call bell, there was no response from inside.