LAWS(PAT)-2003-10-7

GUDDU SINGH Vs. STATE OF BIHAR

Decided On October 14, 2003
GUDDU SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The sole appellant of this appeal has been convicted under Sections 302 and 354 of the Indian Penal Code. For the offence under Section 302 he has been awarded imprisonment for life. For the offence under Section 354, two years' rigorous imprisonment has been awarded.

(2.) The cases of the prosecution is that Kauleshwar Mahto a resident of village Parauli Takhat Tola within Basantpur Police Station of Siwan district, his son Baliram Mahto and daughter Munni Kumari were carrying bundles of wheat from the field to their house on 13-5-1998. At about 6.45 p.m. while proceeding to the field for carrying another bundle, Kauleshwar heard Munni Kumari shouting for held. She was 2-2.1/2 Bigha ahead of her father. Kauleshwar Mahto ran towards her. He saw the appellant entering in the adjacent Kaharahi field. Munni Kumari was lying on the ground with knife injuries all over the body. She was smeared with blood and dead. He brought her dead body to his house. Kauleshwar alleged that the appellant wanted to forcibly take Munni Devi to the Kharahi field for illicit purpose. When she resisted he killed her.

(3.) The fardbdeyan of Kauleshwar Mahto regarding the incident was recorded by SI Rajesh Prasad Rajak of Basantpur PS at his house in the same night at 00.15 hours. Formal FIR giving rise to Basantpur PS case No. 52/98 under Sections 302 and 376/511 of the Indian Penal Code was registered on the next day i.e. on 14-5-1998. Meanwhile SI Rajesh Prasad Rajak had already started investigation. He recorded statements of the witnesses in the night itself. As it was a dark night be postponed the inquest and inspection of place on occurrence until morning. Meanwhile he raided the house of the appellant who was found absonding. After the dawn at 5 a.m. he held inquest over the dead body and sent it for post-mortem. He inspected the place of occurrence at 6.15 a.m. After completing the investigation, finally, he submitted chargesheet against the appellant and the appellant was thus putt on trail.