STATE OF BIHAR Vs. RAM BABU SINGH

JUDGEMENT

(1.) DEATH reference and the criminal appeals arise, out of the judgment and order, dated 29.2.2000 passed by the Sessions Judge, Vaishali at Hajipur in ST No. 128/98, they have been heard together and are being disposed of by this judgment.

(2.) RAM Babu Singh appellant in Cr. Appeal No. 132/2000 has been convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced to death. He has further been convicted for the offence under Sections 302/120 -B of the Indian Penal Code and sentenced to undergo imprisonment for1 life. The appellant has filed the appeal for setting -aside the judgment under appeal whereas death reference is for confirmation of death sentence awarded by the trial Court. Lakshuman Singh, appellant in Cr. Appeal No. 136/2000 has been convicted for the offence under Sections 302/120 -B of the Indian Penal Code and sentenced to undergo imprisonment for life.

(3.) TH grade employee in Sonepur Block. On 12.1.1998 at about 3 p.m. he heard rumour that Vijay Singh and his family members were killed. He rushed to the house of Vijay Singh. He gave his fardbeyan at about 3.30 p.m. before the Officer -in - Charge of Hajipur police station that when he came near the house of Vijay Singh he found several persons assembled there. Police was also there. He went to the first floor of the house and found the dead body of Mamta Kumari and Kanchan Kumari, daughters of Vijay Singh, the dead boy of his elder sister -in -law, namely, Anju Devi on a plung kept in the north facing room on the southern side of the first floor, Bharti Devi, daughter of Vijay Singh, was also lying unconscious by the side of the dead body of Kanchan Kumari on the said plung. He found sharp cut injuries on the vital part of their dead body. On the other plung kept in the same room he found dead body of Vijay Singh and dead body of his wife, Indu Devi. There were sharp cut injuries on their person. Son of Vijay Singh, namely, Aditya Raj was also lying unconscious on the said plung. Bleeding injury was also on his person. Chhaya Kumari aged about 12 -13 years was hiding inside the plung. She came out to see him. She started crying. However, she disclosed that previous night at about 6 -7 p.m. her elder uncle, Lakshuman Singh and his son Ram Babu Singh, who were living at Gorakhpur came with sweets. They distributed sweets among all the family members In the meantime her mausi and mausa (mother 'ssister and her husband), namely, Anju Devi and Prabhunath Singh respectively came. Prabhunath Singh returned to Muzaffarpur. Anju Devi stayed there. Anju Devi also took sweets. At about 9 p.m. her father and mother asked her uncle, Lakshuman Singh and his son Ram Babu Singh for dinner but they refused. Her father made arrangement for stay of Lakshuman Singh and Ram Babu Singh on the ground floor. Thereafter, her father and other members of the family also after taking meal were sleeping on the first floor in the room. After taking sweets she was feeling drowsy. Sometime before his arrival she woke up and found her father, mother, brother and sister lying dead. She out of fear was hiding herself beneath the plung. About 6 -7 months ago Indu Devi had told him that elder brother of her husband, namely, Lakshuman Singh was demanding share in the house at Hajipur. Her husband was also demanding share in the house at Gorakhpur where Lakshuman Singh and his family members were residing. She disclosed that Lakshuman Singh was trying to grab the property at Hajipur. He expressed suspicion that Lakshuman Singh and his son Ram Babu Singh in conspiracy to grab the property at Hajipur has committed the crime after giving sweets mixed with intoxicant to all the family members with the help of their associates. Injured Bharti Devi and Aditya Raj were taken to hospital but Aditya Raj died in the hospital. 4. On the aforesaid fardbeyan, Ext. 5, formal First Information Report. Ext. 7. was drawn and investigation was taken up. During the investigation place of occurrence was inspected. Inquest - report was prepared. Seizure -list was prepared. Post - mortem of the dead bodies was held. Statement of the witnesses was recorded. Statement of Chhaya Kumari and Bharti Kumari under Section 164 of the Code of Criminal Procedure was recorded by the Judicial Magistrate. On completion of investigation chargesheet was submitted against four persons including the appellants. On receipt of charge -sheet in the Court cognizance was taken and the case was committed to the Court of Sessions for trial. The trial Court convicted the appellants as indicated above, however, acquitted Rakesh Singh and Subhash @ Subhash Harijan from all the charges levelled against them.