SUGREEV MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal under Sec. 372 of the Cr.P.C. putting to challenge a judgment dtd. 17/2/2019 passed by the learned Additional Sessions Judge-V, Patna City, in Sessions Trial No. 464 of 2008/2465 of 2008, whereby respondents No. 2 to 5 have been acquitted of the charges of commission of offences punishable under Ss. 302/34 and 364/34 of the Indian Penal Code. The said sessions trial had arisen out of Khusrupur P.S. Case No. 102 of 2007 on 24/10/2007 levelling commission of an offence punishable under Sec. 364/34 of the I.P.C. of which the appellant is the informant.

(2.) A written report of the appellant was the basis for registration of the said Khusrupur P.S. Case No. 102 of 2007. He asserted in his written report that at the relevant point of time, he was sitting in his house when respondent No. 3 (Ram Nandan Mahto) came and invited his younger brother (the deceased) to accompany him for eating bread and fish. Respondent No. 2 told the informant that he was taking his brother (the deceased) to a hut situate near the eastern side of a community hall. The informant is said to have followed them and seen them in the shed with other persons, namely, Suresh Paswan (respondent No. 2), Ram Sakal Paswan (respondent No.4), Krishna Mahto (respondent No. 5) and Kameshwar Paswan, all of whom were having fish and consuming liquor. They are said to have offered the deceased fish and forced him to consume liquor. The informant claimed that he had witnessed this event with his own eyes while sitting in the nearby community hall. After having taken the meal, the deceased had proceeded towards the southern side of the village in a field, in which direction the accused persons had also gone after that. The deceased, however, did not return on the said night, whereafter the informant and his brother started searching for him. Till late in the light, he did not return. Subsequently, he noticed crushed paddy crops in the field of one Tejan Mahto in which a gamcha of the deceased was found lying. This gave rise to suspicion to the informant that the deceased might have been kidnapped, which led to the registration of the aforesaid Khusrupur P.S. Case No. 102 of 2007 registered for the offence punishable under Sec. 364/34 of the I.P.C.

(3.) During the course of the investigation, the dead body of the deceased was subsequently recovered. The police, thereafter, submitted a charge sheet against the private respondents on 20/1/2008, whereafter cognizance was taken on 21/8/2008 by the learned Magistrate. The case was subsequently committed to the Court of Sessions. Charges were framed on 19/1/2009 against respondents No. 2 to 4 for the commission of the offences punishable under Ss. 364/34 and 302/34 of the I.P.C. The private respondents pleaded not guilty and claimed to be tried.