CHUNCHUN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) A truck laden with timber which left Assam some time on 24th December 1995, did not reach destination. It appears from the circumstances appearing on the record that unidentified miscreants having intercepted the vehicle, killed driver and khalasi sensibly to sell the goods with prospective buyers. Evidences placed on the record do suggest that it was on 30.12.1995, that episode of killing of the occupants of the vehicle near about 28 NH Bachwara, came to notice of Jagdish Jha (PW 1), a police officer attached to Hajipur Police Station, who shortly on receipt of information about there being two dead bodies west to village Chiranjidpur, rushed there and noticed two dead bodies of human being, and from seizure of documents made from their possession, the dead bodies were suspected to be that of the driver and khalasi of the vehicle, with incised injuries on the neck and rest part of the body. He effected seizure of these papers, prepared inquest report of the dead body of the deceased, sent the same to mortuary for post -mortem examination, and also registered police case, pursuant to which investigation commenced. He twice visited place of occurrence, and recorded statements of the witnesses, pursuant to which he received information about apprehension of some miscreants with a truck near Gandhi Bridge Out Post, and having rushed there, he found appellants having been apprehended with a truck bearing registration No. UP 15 C -6771. He took steps to locate owner of the ill fated truck who happened to be Kamlesh Gupta. There was trail of blood near the place of occurrence and blood was noticed near the road.

(2.) HARDEO Roy (PW 2), Police Officer attached to Gandhi Bridge O.P. too rushed to,the Outpost shortly on precept of information about apprehension of two miscreants with a truck, and while the Officer Incharge was interrogating them, on of them disclosed complicity of other also and on disclosure made by him, he along with other Police Officer and also two miscreants apprehended by the police, came to Kumhrar Pahari at Patna and apprehended appellants Sanjay Mishra, Tuntun Singh, Chunchun Singh, Manoj Singh, Suresh Prasad and Anil Singh on being pointed out by appellant Parwez Alam. Other miscreant who was in the company of six appellants, however, managed good his escape. This Police Officer took notice of copius blood in the cabin of the truck, and seized incriminating objects which include police uniform HMT wrist watch, blood -stained knife and also police uniform stained with blood from possession of those who were apprehended near Kumhrar Pahadi at Patna. However, it seems that at trail, this Police Officer did not identify Chunchun Singh, and about Sanjay Mishra too, he showed his reluctance to identify him by his name. Narrations in similar veins and terms were also made by Sri Prakash Singh (PW 5) another Police Officer attached to Gandhi Bridge Out post who sates that acting on tip off, he apprehended Perwez Alam and Ghulam Sarwar with truck bearing registration No. UP 15 C -6711 laden with timber. In cabin, there was copius blood and police uniforms smeared with blood was also seized from cabin of the truck. He interrogated Perwez Alam and recorded his confessional statement, pursuant thereto, on disclosure made by Parwez Alam, he along v ith Police Officer came to Kumhrar Pahari, and on chase, apprehended rest six appellants while Arun Singh managed good his escape. About seizure of incriminating objects from possession of apprehended miscreants at Kumhrar Pahari, evidence of this Police Officer is that from possession of Tuntun Singh, there had been seizure of blood stained knife and from Manoj Kumar Singh, there has been seizure of identity card, and as for Chunchun Singh, evidence of this witness is that from his possession there has been seizure of a police overcoat, and as for Manoj Kumar, that there had been seizure of HMT wrist watch. By the time the Police Officers from Bachchawara, happened to come there, who were entrusted with the seized articles and were given custody of the miscreants apprehended at Gandhi Bridge Out post and also Kumhrar Pahari. Other Police Officer, namely, Valmiki Singh (PW 6), states to have apprehended Parvez Alam and Ghulam Sarwar. On tip off he rushed to Gandhi Bridge Out post, and as for incriminating evidence, he states that there was blood in the cabin of the truck and on disclosure made by Pervez Alam, other appellants too were apprehended at Kumhrar Pahari, while on of them managed good his escape. As for seizure of incriminating objects from their possession, evidence against Manoj Kumar Singh is that there has been seizure of police overcoat with blood -stains and also identify card of homeguard personnel. From possession of Tuntun Singh, there has been seizure of police overcoat, and that apart, there was seizure of a blood -stained knife also from his possession. As for the seizure effected from cabin of the truck, evidence of this Police Officer his that blood -stained uniform and wearing apparel were seized from cabin of the truck with copius blood spread on the floor. Police Officer also seized blood stained wearing apparel of Pervez Alam from the cabin of the truck.

(3.) AS for other appellant Tuntun Singh, record shows that he was assigned duty in Headquarters, Begusarai and this appellant had given wrong address after arrest by the Police. Ho took charge of the material exhibits from his predecessor, which was blood -stained police overcoat, blood stained police uniform, blood -stained cap and full pant, blood stained belt, bloodstained lungi, blood -stained seat cover of truck and blood -stained earth. This Police Officer also received from his predecessor, blood -stained knife and also watch and he sent them to Forensic Science Laboratory for chemical examination. However, there is no evidence on the record that the finding of the expert was ever received before conclusion of investigation, the Police Officer states to have laid charge sheet before the Court.