THE STATE OF BIHAR Vs. BILAT PANDIT

JUDGEMENT

(1.) Instant death reference and the connected criminal appeal arise out of judgment/order dated 29.1.2013/6.2.2013 passed by Ad hoc Additional Sessions Judge-V, Vaishali at Hajipur in Sessions Trial No. 164 of 2009 whereunder sole appellant has been convicted for the offence of committing rape, murder of Kajal Kumari, aged about 8 years, daughter of informant and sentenced to undergo rigorous imprisonment for life under Section 376 I.P.C. as also to pay fine of Rs. 20,000/-. For the offence under Section 302 I.P.C. appellant has been awarded death sentence. Prosecution case as set out in the fardbeyan of informant Sanjay Rajak, P.W. 4 recorded by S.I. A.K. Singh of Town P.S., Hajipur near Jagdamba Asthan, Bir Kunwar Singh Colony, Hajipur on 9.5.2008 at 11.30 P.M. is that informant is a washerman and is engaged in the job of washing, ironing of cloth by keeping wooden platform near the house of D.N. Singh. Near the aforesaid shop of the informant, in the house of Santosh Kumar Chaurasia, which is situate opposite the shop of informant, there was birthday party in which informant and his family members were also invited. In the evening at about 7.30 P.M. for attending the birthday party informant had called his daughter Kajal Kumari son Sujit Kumar, both came along with their maternal grandmother, P.W. 2 to the shop of the informant, informant was engaged in ironing the cloth. At the same place wife of informant P.W. 6, another daughter Annu Kumari and sons Sujit Kumar, Ranjit Kumar (both not examined) were also present to attend the birthday party. At about 8 P.M. servant of D.N. Singh i.e. appellant also came there and asked for Rs. 20/- from informant for drinking toddy, informant did not oblige in spite of his repeated request. Appellant returned to the house of D.N. Singh. After sometime wife of D.N. Singh (not examined) also came out of her house and went to attend the birthday party. A little later appellant, aged about 28 years came out of the house of his master again and asked Kajal Kumari daughter of informant to attend the birthday party along with him. At the behest of the appellant daughter of informant Kajal Kumari accompanied him for attending the dinner party. Informant further states that he was busy ironing the cloth and could not see in which direction they went. When the informant began to look for his children for attending the birthday party and when he came to attend the party could not find his daughter Kajal Kumari. In the birthday party appellant was also not found. The two were absent, enquiry was made from the people around but none could disclose about their whereabout. Informant became perplex, anxious. On suspicion informant also looked for his daughter in the house of D.N. Singh but she was also not found there. At the second floor of the house of D.N. Singh appellant was present but appeared embarrassed. Informant enquired from the appellant about Kajal Kumari who replied that he is not aware about her and asked the informant to look for her in the orchard. Informant thereafter went towards orchard and other parts of the locality to look for his daughter but she could not be found. Informant without taking dinner in the birthday party went to his house at Chauhatta. At the house also Kajal Kumari was not found, entire family became anxious. Informant and his wife, P.W. 6 again came to the birthday party and made enquiries but nothing could be learnt about Kajal Kumari. Mother-in-law of the informant, P.W. 2 was looking for her granddaughter by lighting the torch. In course of search she also came to Kali Asthan and offered prayer. She came down from the temple platform, in torch light saw around the platform and found the deceased Kajal Kumari lying naked on her belly bleeding from her private part near the wall of D.N. Singh's house. Mother-in-law of the informant tried to lift her but having realized that she is dead began to cry. Informant also came running and saw his daughter dead. While the informant was coming to Kali Asthan running he saw appellant sitting at the gate of the house of his master on a chair. Many persons residing in the locality collected near the dead body. While the informant and others were looking at the deceased appellant managed to escape. Informant claimed in the fardbeyan that appellant committed rape on his daughter Kajal Kumari, aged about 8 years and thereafter throttled her to death. The fardbeyan has been signed not only by the informant but also by his cousin brother-in-law Guddu Rajak, P.W. 3 and Sunil Baitha (not examined).

(2.) In the light of the fardbeyan, Ext. 1 Hajipur Town P.S. Case No. 254/08 dated 10.5.2008 for the offence under Sections 376/302 of the Indian Penal Code has been registered and Sub-Inspector Om Prakash of Hajipur Town P.S. was directed to investigate the case. Investigating Officer having investigated the case submitted charge-sheet against the appellant of the aforesaid offences. In the light of the charge-sheet cognizance was taken and after supply of police papers case was committed to the court of sessions for trial. During trial prosecution examined altogether 9 witnesses, namely, P.W. 1 Nathuni Baitha father-in-law of the informant and maternal grandfather of the deceased. P.W. 2 Shakuntala Devi mother-in-law of the informant and maternal grandmother of the deceased. P.W. 3 Guddu Rajak cousin brother-in-law of the informant. P.W. 4 Sanjay Rajak is the informant, father of the deceased. P.W. 5 Mintu Rajak brother-in-law of the informant. P.W. 6 Babita Devi wife of informant and mother of the deceased. P.W. 7 Dr. Amresh Kumar who conducted post mortem on the dead body of the deceased and proved the post mortem report, Ext.-3. P.W. 8 Brij Bhushan Prasad, P.W. 9 Anil Tiwary are the two Advocate Clerks, formal witnesses who proved F.I.R., Ext.-4 and confession of the appellant, Ext.-6 respectively.

(3.) Before proceeding with the ocular evidence, it is proper to deal with the evidence of P.W. 7 Dr. Amresh Kumar who conducted post mortem on the dead body of deceased Kajal Kumari vide post mortem report, Ext.-3. From perusal of Ext.-3 as also the evidence of P.W. 7, it is crystal clear that the deceased was first raped and then throttled to death. The time of occurrence as indicated in the fardbeyan, Ext.-1 and time of death of the victim Kajal Kumari as found in the post mortem report do match, correspond and clearly indicate that deceased was first raped and then killed.