KAMAL PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Sections 3.76/34 and 302/34 of the Indian Penal Code and sentenced to death.

(2.) THE appellant was put on trial in connection with an occurrence of 1.4.1985. At about 9 a.m. on that day Manju Kumari, a 16 year old minor girl, went to the outskirts of the village, namely Sangar within Tajpur Police Station of Samastipurdistrict for scraping grass as cattle feed as usual. When she did not return even after two hours members of the family became anxious and started looking for her. In course of search they found her dead body in the maize Held of one Sao. She was lying in a pool of blood with her neck, mouth and nose cut. The father of Manju Kumari, Sone Lal. on receiving the information immediately rushed to the place. SI S.P. Singh of Tajpur PS too arrived there. The fardbeyan of Some Lal was recorded and a case under Section 302/ 34 of the Penal Code was registered against unknown and the investigation commenced.

(3.) DEALING with the said application of the appellant dated 19. -3 -2001, the Court noted that the occurrence had taken place in 1985 and the case was committed to the Court of Sessions in 1986. It would not be proper to grant time (to the prosecution) particularly when the appellant was ready to adopt the evidence recorded earlier. Accordingly the Court directed that the evidence of PWs. 1 to 8 who were examined in the original sessions case between 4 -6 -1990 and 14 -7 -1992 be adopted as evidence against the appellant too. On 29 -3 -2001 thus, the case of the prosecution was closed and the statement of the appellant under Section 313. Cr PC was recorded and the case was fixed for defence evidence. At this stage, it may be stated on 12 -4 -2001 an application was filed on behalf of the prosecution for summons to the doctor who had held postmortem on the deceased and the investigating Officer of the case for their examination as witness. The prayer was opposed by the appellant. The trial Court however on 26 -4 -2001 issued summons to the doctor and the Investigating Officer but they did not appear. The case was finally closed on 17 -1 -2002. Arguments were thereafter heard and the Judgment was delivered on 25 -12002 holding the appellant guilty for offences under Sections 376 and 302 of the Indian Penal Code and sentencing him to death as indicated at the outset.