STATE OF BIHAR Vs. RAJU SINGH

JUDGEMENT

(1.) Four accused persons including appellants Rajesh Singh and Raju Singh were put on trial by the learned 1st Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 326 of 2009/Tr. No. 38 of 2009 by framing charges under Sections 364/34, 302/34 & 201/34 of the Indian Penal Code. While Vikrama Singh and Sugreev Singh were acquitted of the charges, the two appellants before us were found guilty for committing the offences under Sections 302/34, 364/34 & 201/34 of the Penal Code by judgment dated 23.3.2010, consequent upon which the order of sentence was passed by the learned Judge on the 30th of March, 2010. Appellant Raju Singh was directed to be hanged by his neck till he was dead for committing the offence under Section 302/34 of the IPC, whereas no separate order of sentence was passed by the learned trial Judge on him under Sections 364/34 & 201/34 of the Penal Code. So far appellant Rajesh Singh is concerned, he was directed to suffer rigorous imprisonment for life and to pay a find of Rs.10,000/- else to suffer R.I. for a further period of one year for being found guilty under Section 302/34 of the IPC. The other two sentences of R.I. for 10 years and a fine of Rs.3,000/-, in default six months' R.I. under Section 364/34 of the IPC and R.I. for 7 years with fine of Rs.2,000/- else R.I. for three months were also inflicted upon appellant Rajesh Singh. For, the appellant Raju Singh were inflicted the extreme penalty, the learned Judge made a reference under Section 366 of the Cr.P.C. to this Court for confirmation of the order of sentence passed by him. This is how we have death reference 03 of 2010 along with two criminal appeals noted above, before us.

(2.) The prosecution narration could be put down as under.

(3.) P.W. 9 Prem Lata Devi, who is the sister of P.W. 8 Shivajee Singh, had come to village - Amtha under P.S. Shivsagar (Baddi) to her father's house to attend the marriage ceremony of P.W. 8 Shivajee Singh. It appears from the evidence of P.W. 9 that she had two children accompanying her. A son named Sundaram, who was aged 3 years and a daughter of 3 months in her lap. On 10/5/2009, the marriage of the daughter of one Ram Sagar Singh was to be solemnized in the evening. The ceremony of Dwarpuja was under way and the Barat party along with the villagers had assembled at the house of the said Ram Sagar Singh. Sundaram, the son of P.W. 9 Prem Lata Devi, was playing there at about 8.30 p.m. It appears that he went missing. Hectic search was made of him throughout the night and at all possible places but to no avail, resulting into the filing of an information on 11/5/2009 at 6.05 hours, i.e., 6.05 a.m. That information has been brought on record as Ext. A.