SAREKH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH six persons were put on trial, while others were acquitted of the charges, appellants alone suffered conviction under Section 364/34 of the Indian Penal Code, who were sentenced to rigorous imprisonment for a term of ten years.

(2.) THE salient features of the prosecution case reflected from the earliest version of the wife of Chalitra Singh, and narrations made by witnesses at trial, was that after Chalitra Singh left his house sometimes on 26th October, 1997 to attend party 'smeeting at house of Moti Mehta, he did not return to his house till late hours of night. It was alleged that Moti Mehta and Kedar Nath Thakur, after the meeting was over, had accompanied Chalitra Singh to some distance from the venue of meeting. The wife of said Chalitra Singh, suspecting complicity of the appellants and Sita Ram Singh and Ramanand Singh, who were convicted in a previous criminal case along with appellant Lal Babu Singh on behest of her husband, and also suspecting complicity of Sarekh Singh, Chandra Shekhar Singh and Shivjee Singh who had been threatening her husband, instituted a police case, pursuant to which investigation, as usual followed. The Police, it appears, had recorded statement of witnesses, took steps for apprehension of the miscreants, made seizure of some incriminating objects from the field of the deceased, and on conclusion of investigation, laid chargesheet before the court. In the eventual trial that followed, while State examined nine witnesses, the defence too examined two witnesses.

(3.) SINCE narrations made by witnesses have been fairly discussed by trial court in its judgment. I do not wish to discuss them in much details. However, a brief resume of the narrations made by witnesses can be noticed at threshold. P.Ws. 5, 7, 8 and 9 happened to be formal witnesses who simply brought some documents on the record and their evidences as such did not merit comment. Reiterating her earliest version Lachho Devi, P.W. 6, would state that after her husband had left his house to attend party 'smeeting at the house of Moti Mehta who did not come back till late hours of night, suspecting complicity of the appellants and others with whom the husband had some sort of land dispute, she set the police in motion by instituting a police case. Wife alleges that appellants and others had been threatening her husband, for which a Sanhs had been instituted, and pursuant to institution of the case, she also informed her son who was residing at Calcutta. Kedar Nath Thakur, P.W. 1, states that shortly after conclusion of the meeting at the house of Moti Mehta and taking meal, he left venue in the company of Chalitra Singh and accompanied him to some distance, and in the following morning he was informed by wife of said Chalitra Singh that her husband had not reached house till late hours of night, and she had also expressed her suspicion about complicity of the appellants and others. Attention of this witness had been drawn by the defence about he having accompanied Chalitra Singh to some distance after conclusion of meeting and wife of Chalitra Singh having informed him about Chalitra Singh having not reached house till late hours of night. Though credibility of this witness was sought to be impeached by the defence on some material particular of the incident, there being no such parallel statement rendered before the police during investigation, the Police Officer who recorded his statement had not been examined at trial and hence credibility of this witness remained open to question. Similar was the case with Moti Mehta, P.W. 2, who states that a meeting of workers of Socialist Party was convened at his house in which Chalitra Singh too had participated, and shortly after conclusion of meeting, he along with Chalitra Singh and Kedar Nath Thakur left the place and had accompanied Chalitra Singh for some distance. It was in the following morning that wife of Chalitra Singh came to him and expresse her apprehension about killing of her husband by appellants and others. This witness states also about seizure of two pieces of clothes allegedly that of Chalitra Singh from his field. Attention of this witness too had been drawn by the defence about he having accompanied Chalitra Singh to some distance after conclusion of meeting, and also identification of two pieces of clothes allegedly seized by the Police from the field of Chalitra Singh. His attention had been drawn also about wife of Chalitra Singh informed him that Chalitra Singh had not reached his house till late hours of night, and there is no gain saying the fact that though narration made by this witness was challenged to impeach his credibility, there being no such parallel statement rendered before the police by this witness during investigation, the Investigating Officer who recorded statement of this witness was examined at trial and hence his credibility on some material particulars of incident remained open to question.