RAM CHANDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above noted Death Reference along with three appeals arise out of the Judgment of 2 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 records of the trial 3 court to this Court under Section 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: - The deceased Papiya Ghosh was an academician, teaching History in one of the premier institutions of Patna, the capital city of Bihar, namely, Patna Women's College. She was a Bachelor, but was residing in a very big house. Her parents, it appears, had earned huge fortunes and different plots of land were acquired by them in the posh area of the city, known as Patliputra Colony. The house in which the deceased was living was house No.168 in the Colony. The other house bearing No.168A of the locality was situated just by the side of the house in which she was living. It appears from the evidence that a maid servant, namely, Malti Devi was accompanying Papiya Ghosh since her very childhood who was working in the household on account of being employed by her parents and she was residing in a separate room in the same house. Pipiya Ghosh had authored many books and was living a comfortable life. Her household was fitted with many modern electronic gadgets.

(3.) P .W.1 Neeta Aditya could say that she and others of her family thought that Papiya Ghosh had taken ill and, as such, she accompanied Geeta devi( P.W.5) to the house of Papiya Ghosh and pressed the call bell but no one came to open the door. She found that the gate of the compound had no lock and, as such, she entered into the verandah of the house from that gate and pressed the call bell again. Getting no response from inside, she pulled the door which opened. Calling the deceased by her name, P.W.1 entered inside along with P.w.5 and found that articles in the first room were all scattered and the T.V. which used to be there was missing. The Almirah of the other room was open and most of the articles were lying on the ground. P.Ws. 1 and 5 entered the 3rd room which was the bed room of Papiya Ghosh and 5 found that her dead body was wrapped into a quilt and it had partially slipped towards the ground. There was blood on the quilt and one of her legs was outside it. She was dead. On touching the feet of Papiya Ghosh she felt it cold and when she turned out the quilt, she found that her omentum had come out.