AJAI KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Shri Yogesh Chandra Verma, learned Senior counsel appearing for the appellant and Shri Ashwini Kumar Sinha, learned Additional Public Prosecutor for the State.

(2.) The sole appellant has challenged the judgment of conviction and order of sentence dated 6.11.2007 passed by the learned Additional Sessions Judge, Fast Track Court-Ill, Patna, in Sessions Trial Case No. 647 of 2002/ 54 of 2006 by which the appellant was convicted under Sections 302 and 201 of the Indian Penal Code and sentenced to rigorous imprisonment for life under Section 302 and rigorous imprisonment for five years under Section 201, respectively, of the Indian Penal Code.

(3.) Short facts of the case are that on 4.6.2001 at about 6.45 A.M. the informant Baidya Nath Singh (P.W. 1) gave his fardbeyan to S.I. B.Bhushan of Bihta Police Station disclosing that the appellant Ajay Kumar Yadav was the servant of his brother Brajnandan Singh (P.W. 6) and he was looking after his cattle. He further disclosed that due to some small matter the appellant was scolded. The appellant was also slapped for his rude behaviour and due to such assault the appellant had killed the deceased Govinda aged about 5 years by way of throttling and he also concealed the dead body in the cow shed. On 2.6.2001 Govinda was at his house up to 3.30- 4 P.M. Thereafter, he was not seen in his house and a search was also made by the family members as also by the neighbours in nearby colonies but he could not be traced. Again, on 3.6.2001 the search was made in nearby villages and Bihta Bazar and an information was also given in the Police Station. The informant P.W.1 further stated that on 3.6.2001 while he and his neighbours were searching Govinda, appellant Ajay Kumar Yadav told that he had got him disappeared by chanting mantra and he could also get him back by the "Mantra". On this information, on 4.6.2001 at 4 A.M. the informant went to the Police Station and gave such information to the Officer-in-charge of the Police Station and thereafter the appellant in his presence as well as in presence of the villagers confessed his guilt and disclosed about the dead body and thereafter the dead body was recovered. It was alleged in the fardbeyan that the appellant with intention to kill Govinda had killed him by throttling and thereafter with a view to save himself from the crime he concealed the dead body in a bag. On the basis of such fardbeyan, the F.I.R., vide Bihta P.S.Case No.145 of 2001, was registered on 4.6.2001 at about 10 A.M. It may be made clear that as per the F.I.R. the information was received in the Police Station on 4.6.2001 at 10 A.M. and F.I.R. further discloses that the same was registered at 10 A.M. on the same day.