MURAL TURI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the order of conviction and sentence recorded by the IInd Additional Sessions Judge, Banka, in Sessions Trial No. 372 of 1995, whereby and whereunder the sole appellant has been found guilty and convicted for committing offences under Sections 302/201 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for a period of three years under Section 201 of the Indian Penal Code.

(2.) The fardbayan of the informant Maneshwar Das was recorded by S.I. Tripurari Singh on 23-5-1994 at 8.15 a.m. at Katoriya P.S. The prosecution story as per the fardbayan is that the informant's daughter had gone to tend she goats in the morning hours of 21-5-1994 at 7.00 a.m. alongwith other villagers but when she did not return back till 11.00 a.m., the informant made query from one Chetani Devi, who disclosed that the daughter of the informant has gone to search she-goats but the informant got suspicious on her statement because all the she goats had returned back to house. The informant made search of his daughter but could not get trace of her. On the following day he searched against for his daughter and reached the village Barkajor and noticed that something has been covered up near the hillock, so, he dug that place and found the sleeper and bangles of his daughter and some mark of blood but the dead-body was not found there. The informant came back home and informed the village chaukidar, namely, Bhikhan Turi, who did not help him in the matter, so, he went to Dafadar Nankeshwar Turi and made further investigation from cattle tenders of the village, out of whom Chetni Devi, Battu Das, Kamal Das, Rama Das, Bahadur Das and others disclosed to him that the appellant was having illicit connection with the deceased, namely, Parwatiya, who had threatened that she will disclose about the illegal acts committed with her. So, the appellant assaulted Parwatiya with lathi and committed her murder by pressing her neck. He also threatened the witnesses present there not to disclose about the occurrence to any one. As such, the witnesses did not disclose about the occurrence to any body due to fear. When the villagers made query from the appellant, he confessed his guilt and stated that he has committed murder of Parwatiya by pressing her neck. The appellant further confessed that he disclosed about the occurrence to his father and his brothers, who advised him to dis-appear the dead-body. The appellant's father also requested the villagers to help in the matter but they refused. Thereafter, the appellant alongwith Mohan Turi, Yamuna Das, Balo Das, Bhikhan Turi went to Barkajor at about 1.00 a.m. in the night of Saturday and took out the dead-body and removed the same to Dumarghat, where the dead-body was burried in a ditch. The appellant become ready to point out the place where he had burried the dead-body.

(3.) On the basis of the fardbayan, a case under Sections 302, 201/34 of the Indian Penal Code was instituted against the appellant and five others. Subsequently, Section 376 of the Indian Penal Code was also added. The appellant and Chetani Devi were charged under Section 302 of the Indian Penal Code, whereas, Bhikhan Turi, Mohan Turi, Jamuna Das Balo Das and the appellant were charged under Section 201 of the Indian Penal Code. The appellant was further charged under Section 376 of the Indian Penal Code.