STATE OF BIHAR Vs. MD. YUSUF ANSARI

JUDGEMENT

(1.) Instant Death Reference and Criminal Appeal arise out of Judgment/Order dated 7.3.2013/14.3.2013 passed by Adhoc Additional Sessions Judge-I (F.T.C.), Ara, in Sessions Trial No.410 of 2011, holding the sole appellant guilty of the offence under Sections 302, 201 and 376 of the Penal Code for committing rape, murder of Afsana Bano as also for concealing her dead body with direction to undergo rigorous imprisonment for life with fine of Rs.50,000/- for the offence under Section 376 of the Penal Code, in default of payment of fine to undergo, one year simple imprisonment. For committing the offence under Section 201 of the Penal Code, i.e., concealing the dead body of the victim, he has been imposed sentence of rigorous imprisonment for seven years with direction to pay fine of Rs.20,000/-, in default of payment of fine, six months simple imprisonment. For the offence of committing murder of Afsana Bano, the sole appellant has been awarded capital punishment of death.

(2.) Prosecution case as set out in the fardbeyan of Chowkidar, Ram Layak Singh (Ext.1) recorded by Sub Inspector, Shashi Bhushan Thakur, Officer Incharge of Dhangai P.S. at N.H.30, 500 yards north of Saheed Chowk on 21.9.2008 at 11.30 A.M. is that on 21.9.2008 at around 11.30 A.M. he was coming on his motorcycle from headquarter to deliver mail at Dhangai P.S. saw 500 yards north of Saheed Gate on N.H.30 few passersby standing, he also stopped and saw by the road side near Putus bush a dead body of female aged about 20 years lying flat wearing Salwar-Sameez of turquoise white colour. Her scarf was also found thrown near the bush. From close distance, it appeared that mouth of the female was open, tongue slightly protruding, acid poured on face and blood spot found on her nose. On her right leg also, there was burn mark. Injuries were also found on other parts of her body. It appeared that unknown female was killed by unknown persons who threw her body by the side of the road to conceal the same. Available passersby were asked to identify the dead body but they failed to do so. Having seen the dead body, informant informed the police station about the dead body on telephone. In the light of the fardbeyan, Dhangai P.S. Case No.58 of 2008 dated 21.9.2008 under Sections 302/201/34 of the Penal Code was registered against unknown stating that the Officer Incharge has already taken up investigation. Officer Incharge having taken up investigation, examined the dead body and prepared the inquest report (Ext.4) in presence of two independent witnesses and then sent the dead body to Ara Civil Hospital for post-mortem through constable and other Chowkidars available at the police station, who had come to the place of occurrence with the Officer Incharge after receiving the telephonic call from the informant. After post-mortem the dead body was deposited in the Unclaimed Dead Body Centre, Ara by those who were entrusted by the Investigating Officer to take the dead body for postmortem. News of a dead body of unknown female found near the Saheed Gate, which has been kept in Unclaimed Body Centre, Ara was published in the newspapers on 22.9.2008. P.W.1, Md. Shamim Ansari, having read the news item, approached the Unclaimed Dead Body Centre, Ara for identification of the dead body, having identified the same to be of his sister, claimed the body, after completing formalities, took the body to his residence at Koilwar for performing burial. Investigating Officer having learnt from those who were entrusted to take the dead body for post-mortem that the dead body after post mortem has been kept in the Unclaimed Dead Body Center, Ara came to the centre and learnt from; the Incharge of the Center Dudheshwar Nath Singh that Md. Shamim and others came from Surandha Colony, Koilwar and identified the dead body of female and took the same for burial. I.O. having recorded the statement of Dudheshwar Nath Singh came to Surandha Colony, Koilwar on 22.09.2008 and recorded the statement of P.W.1, Md. Shamim Ansari, P.W.2, Abdul Kalam Azad, P.W.4, Tabasum Parveen and Md. Quddus Alam (not examined) on that day itself. Other prosecution witnesses, namely, the mother of the deceased, P.W.3, Qamroon Nisa, and colleagues of the deceased in the Urdu Girls Primary School, Kulhariya, P.W.5, Ranjan Kumar, P.W.6, Shakeela Khatoon and the cook, serving in the said school, P.W.7, Tara Begum, were examined by the Investigating Officer on 16.10.2008. Sometime, thereafter, first Investigating Officer, Shashi Bhushan Thakur (P.W.15), was transferred, whereafter the case was further investigated by P.W.14, Padma Kumari. She collected post-mortem report but could not complete the investigation as she was also transferred. After transfer of P.W.14, Padma Kumari, P.W.10, Ravindra Prasad, took charge of the investigation and submitted chargesheet on 30.8.2011 showing the appellant as absconder. The appellant however surrendered on 20.09.2011 in the court of the Chief Judicial Magistrate, Ara. In the light of the materials mentioned in the chargesheet, cognizance was taken and after supply of the police paper, the case was committed to the court of sessions.

(3.) During trial, Prosecution examined P.W.1, Md. Shamim Ansari, younger brother of the deceased, P.W.2, Abdul Kalam Azad, father of the deceased, P.W.3, Qamroom Nisa, mother of the deceased, P.W.4, Tabasum Parveen, younger sister of the deceased, P.W.5, Ranjan Kumar, teacher in Urdu Primary School, Kulharia, P.W.6, Shakeela Khatoon, teachedr in Urdu Primary School, Kulharia, P.W.7, Tara Begum, Cook in the same School, P.W.8, Ram Layak Yadav, Chowkidar, informant of the case, P.W.9, Barak Vishwakarma, witness on the inquest report of the deceaseed (Ext.4), P.W.10, Sub Inspector, Ravindra Prasad, the Officer Incharge of Dhangai Police Station, third Investigating Officer of the case, who submitted chargesheet, P.W.11, Pintu Tiwary, also witness on the inquest report (Ext.4), P.W.12, Dr. Vibha Sinha, Observer, in whose presence post-mortem of the deceased was conducted in token thereof she also put signature on the post-mortem report, P.W.13, Dr. B.K. Prasad, who conducted postmortem of the deceased on 21.9.2008 at 4.30 P.M. and submitted postmortem report (Ext.3), P.W.14, Sub Inspector, Padma Kumari, who became Officer Incharge of Dhangai Police Station on 20.6.2009 and obtained the post-mortem report, P.W.15, Sub Inspector, Shashi Bhushan Thakur, the first Investigating Officer of the case.