STATE OF BIHAR Vs. ARNIT DAS

JUDGEMENT

(1.) ON 5.9.1998 in the evening hours, in between 7.00 to 7.15 P.M. a college going young boy, Abhishek, while he was taking tuition at the house of one Prof. J.C. Banerjee (P.W.11), was shot dead after he was called out of the house on some pretext for which on the statement, (Exhibit -14) of Rohan Prakash, said to be taking tuition along with him who subsequently was arraigned as one of the accused in the case, formal first information report (Exhibit -15) was registered.

(2.) THE prosecution, in course of the trial, contended that murder was committed by appellant Arnit Das in conspiracy with the appellants Sidharth and Rohan Prakash, meticulously planned and hatched up on 4.9.1998 in the house of Sidharth. The Sessions Judge, Patna, after the trial, came to conclusion that the charges under section 302 of the Indian Penal Code (The Code ', in short), 302 read with section 34 of the Code, 302 read with section 120B of the Code and under section 27 of the Arms Act had been proved against appellant Arnit Das and sentenced him to death under section 302 of the Code which has invited Death Reference no. 3 of 2001, further sentencing him to imprisonment for life for the other two offences under the Code and to rigorous imprisonment for seven years under section 27 of the Arms Act. Appellant Sidharth, having been convicted under sections 302 read with section 34 of the Code, 302 read with section 109 of the Code was sentenced to imprisonment for life for all those offences. Appellant Rohan Prakash was convicted under section 302 read with section 34 of the Code and under section 302 read with section 120B of the Code and was sentenced to imprisonment for life on both the counts. The sentences were to run concurrently.

(3.) COMING to the first information report registered on the statement of appellant Rohan Prakash, the facts narrated therein in brief were that Rohan Prakash, Abhishek, the deceased, Shweta, and Anvesha used to take tuition at the residence of Prof. J. C. Banerjee from 5.00 to 6.00 P.M. and again from 7.00 to 8.00 P.M. From 6.00 to 7.00 RM., Pallavi alone used to take tuition there. On the fateful day he and the deceased, who was a student of Patna Science College, had come to take tuition at about 7.00 P.M., Pallavi also sitting there, when at 7.15 P.M. Rekha Banerjee, wife of the Professor came (inside) and informed that a friend of Abhishek was calling him at which Abhishek went outside, followed by Rohan Prakash who went to the front of the door to see as to who was calling. The informant also gave description of the person who had called Abhishek with whom Abhishek went out of the gate and proceeded on road no.8 of the same mohalla. After three to four minutes Rohan heard a sound of firing and the shouts of Mrs. Rekha Banerjee that shot had been fired. By the time Rohan Prakash came out of the room he heard a second sound of firing and when he opened the gate of the compound, Smt. Rekha Benerjee gripped his hand and advised him not go out as he also could be killed, but Rohan Prakash got his hand released and came out of the compound and saw that the assailant was making good his escape on a bicycle. He saw Abhishek lying prostrate on the ground with blood coming out, and then he took the injured in his lap. He saw a maruti car coming, belonging to Dr. Neel Kamal (father of Pallavi) on which car Abhishek was taken to his house in the same mohalla on road no.6 where Rohan Prakash narrated the incident to Dr. Ajit Singh, father of the deceased whereafter they brought the injured on the car to Shahi Clinic at road no.2 of thf same mohalla where treatment of Abhishek started. Rohan Prakash also revealed in the first information report that Abhishek had told him earlier that he was threatened by some student of the College which had caused him tension. From prosecution story it will further appear that on some clue the Investigating Officer raided the house of appellant Arnit Das on 13.9.1998 in the same mohalla, where he as also his father, according to evidence of P.W.21, Zeyauddin Ahmad, the Investigating Officer, were present. As per evidence of P.W.21, in the house itself appellant Amit Das gave his statement, making a confession and also pointed out his bicycle on which he had fled away after committing the crime, and his apparels which he was wearing at the time of occurrence which were seized from his house and a seizure list (Exhibit -19/2) was prepared, also signed, besides witnesses, by the father of Amit Das endorsing that the pant and shirt were seized from the room of Arnit Das and the bicycle, from the verandah of the house. As per evidence of P.W.21 the father was also told that his son was confessing his guilt.