ARJUN MARIK Vs. STATE OF BIHAR, ARJUN MARIK

JUDGEMENT

(1.) -arjun Marik and his sons Mulo Marik and Bansi marik have been convicted for the offence punishable under Section 302, i. P. C. and each has been sentenced to death. They have further been convicted for the offences punishable under Sections 394 and 411, I. P. C. and sentenced to undergo rigorous imprisonment for ten years and three years for such offences respectively. This is a reference for confirmation of such death sentences and appeal against the order of such convictions and santences.

(2.) Briefly stated, the prosecution case is that deceased Sitaram Jha, aged abont seventy years, was an issueless money lender. He used to lend money to appellant Arjun Marik also under supervision of his nephew, informant surnath Jba (P. W. 6). On 19-7-1985, at about 7. 30 to 8. P. M. , appellant arjun Marik along with his appellants Bansi Marifc and Mulo Marik, arrived at the house of Sitaram situated in Chetannyanath Jajbare Path in Deoghar town, P. S. Deogbar. Distt. Deognar, to raise a loan for purchasing she- bufallow. Sitaram did not readily agree to advance further loan on the ground that only two months back, he had lend Rs. 10,000/- to Arjun for purchasing she-bufallow. Besides dues were also outstanding against him from before. He told him that he would advance further loan only after accounting. When Arjun insisted, Sitaram raited his nephew Surnath Jba and asked hire to settle the accounts next morning. Thereafter, deceased bharti @ Sugwa served meals to these appellants. They were given a room on the upper floor to sleep for the Bight. Sitaram retired on a cot in the verandah adjacent to the said room. Deceased Kamakhya Devi, wife of sitaram, and Bharti and Sugwa slept in the Varandah on the ground floor. The informant returned to his adjacent house.

(3.) Next morning, when girls of the neighbourhood entered Sitaram's house to fetch water they found Kamakhya and Sugwa lying dead in pool of blood and raised alarm which attracted Surnath Jha and Murlidhar Jha (P. W. 1) , Mangla Charan Jba (since dead) , Sushil Pd. Jha (P. W. 4) , Oovind charan Jha (P. W. 2) and they found Kamakhya and Sugwa lying dead. They rushed to the first floor and found Sitaram done to death by strangulation. Arjun and his two sons were found absconding. Lock of the room on the ground floor was found broken. Lock of the trunk inside the room also was found broken. Articles were found scattered. A large number of valuables including golden neckless, golden nosepin, silver Karah, Mathia, Hasli, payal Ear-rings, Belpatra (Bel tree leaves) , two silver coins, about Rs. 14,000/-in currency notes, mostly of Rs. 10/- denomination, dhoti, sweater and some papers were also found raising. Police arrived, Fardbeyan (Ext. 3) of Surnath jha was recorded by Doman Razak (P. W. 10) the then Officer Inoharge, deoghar police station, at 8 A, M. on 20-7-1985 in the house of occurrence.