SHOBHA RAI AND OTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment of conviction dated 31.08.1999 and order of sentence dated 02.09.1999 passed in Sessions Trial No. 107 of 1993/27 of 1993 by the court of IInd Additional Sessions Judge, East Champaran, Motihari, whereby the learned IInd Additional Sessions Judge convicted all the six appellants under Sec. 201 of the Indian Penal Code and sentenced to them to undergo rigorous imprisonment for five years while the appellants have not been found guilty for the offence under Sec. 302/34 of the Indian Penal Code and they are acquitted for the said charge.

(2.) In brief, the prosecution case is that Turkolia (Banjaria) P.S. Case No. 70 of 1992 was registered on 07.06.1992 on the basis of written report (Ext-2) of informant, Lal Babu Rai (PW-10) under Sections 302, and 201/120(B) of the Indian Penal Code. The informant, Lal Babu Rai (PW-10), has alleged in his written statement (Ext-2) that on 31.05.1992 (Sunday) in the evening his son, Shashi Bhushan Rai, aged about 11 years moved to Dhab Sareh to graze she buffalo alongwith villager Sukhdev Rai and at about 8:00 P.M. Sukhdev Rai came with she buffalo then he asked to Sukhdev Rai about his son, Shashi Bhushan, who replied that he alongwith Shashi Bhushan have gone to graze the she buffalo in Dhab Sareh where both eaten cucumber by committing theft. Thereafter, Shashi Bhushan did not meet him since he was returning at house, so he carried she buffalo of Shashi Bhushan. The further case of the informant is that he alongwith villagers, Jawahar Rai (PW-12), Birendra Rai (PW-3), Sukhdev Rai (not examined), Bharos Rai (PW-9), Rajendra Rai (PW-14), Dev Lagan Rai (not examined), Tuntun Rai (PW-18), Bishwanath Rai (PW-15), Lallan Rai (PW-5) and Ganesh Giri (PW-2) proceeding with torch to search his son, Shashi Bhushan Rai but could not found trace of Shashi Bhushan Rai. On the next morning he alongwith Narad Thakur (not examined), Dasai Rai (PW-19), Sheo Pujan Rai (PW-7), Bishwanath Rai (PW-15) and Nawal Rai (not examined) moved in search of his son and reached in that course near the bank of Sikrahna river where his son, Shashi Bhushan Rai was found dead lying in muddy water of river sustaining injury on the eyebrow. He carried his son at his door and the family members started weeping. In the meantime Sukhdev Rai, Harendra Rai, Shobha Rai, Durga Rai, Mangal Rai, Birendra Rai and Ram Narayan Rai in hurriedness, carried the dead body of his son, Shashi Bhushan Rai without covering with the cloth in his orchard and burnt with the help of cow dung and kerosene oil. Due to sudden death of his son, he alongwith family members were bereaved and were making quarry about death of his son then he came to know that the aforesaid persons carried his son and committed the murder. Panchayati was also arranged on 03.09.1992 in the evening at the door of Mukhiya, Ram Ekbal, in which Sukhdev Rai told that he had committed the murder of his son, Shashi Bhushan Rai and also made request for pardon. In the Panchayat, Sobha Rai made protest and refused to obey the decision of the Panchayat, as such he has believed that his son, Shashi Bhushan Rai, was murdered under the conspiracy of the aforesaid accused and the dead body was thrown in the river and the dead body was also burnt in hurriedness by them.

(3.) After institution of the aforesaid case, the police on investigation submitted the charge-sheet in the aforesaid sections. In the process of the commitment of the case the record in respect to accused, Sukhdev Rai, was split up due to his juvenility and the case in respect to rest six accused/appellants was committed to the court of sessions for trial where charges under Sections 302/34 and 201 of the Indian Penal Code were explained to the accused-appellants to which they pleaded not guilty and claimed to be tried because of false implication in this case due to dirty village politics.