RAMDAHIN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by a single appellant, Ramdahin Mishra is directed against the judgment and order, dated 5.6.2000 passed by the IVth Additional Sessions Judge, Darbhanga in Sessions Trial No. 156 of 1996. By the judgment and order coming under appeal, the appellant stands convicted under Sections 302/201 of the Penal Code and sentenced to undergo rigorous imprisonment for life and for three years respectively for the two offences. Before the trial Court there were three other accused persons. The other three accused and the appellant faced the charge of entering into a conspiracy to commit murder, in pursuance of which he committed the offence and hid the body of the victim. (The appellant had the additional charge under Sections 302/201, IPC against' him). The trial Court found and held that the charge of conspiracy was not established. The other three accused were, accordingly, acquitted. But the appellant was found guilty of committing murder and hiding the body of the victim and he alone was, therefore, convicted and sentenced by the trial Court.

(2.) The prosecution case was instituted on the basis of the fardbeyan (Ext. 5) of one Ram Prahlad Mishra of village Basuara (PW 23) father of the victim, Arvind Mishra. It was recorded by the Sub-Inspector of Police from Bisanpur (Moro) P.S. at the road of village Basuara on 3.9.1993 at 5.30 in the evening. A formal First Information Report (Ext. 6) was later drawn up on 4.9.1993 at 9 a.m. giving rise to Bisanpur (Moro) P.S. Case No. 0090 of 1993.

(3.) The informant gave his statement in presence of a large number of villagers while the dead body of Arvind Mishra also lay there on a cot. In his statement before the police Ram Prahlad Mishra said that on that day at about 10 in the morning Ramdahin Mishra. the appellant, came to his house and told his son Arvind Mishra that one of his mango trees and a sisam tree at Chhagra Gaclihi had fallen down by flood waters and that he should come there and keep a watch, otherwise someone might cut and take away the trees. On this his son went along with him. The informant said that a large number of persons, including Rajiv Kumar Mishra (PW 4). Mahendra Mishra (not examined) Bibhuti Narayan Mishra (PW 9) had seen them going together. The informant further said that at about 2 in the after-noon Ramdahin again came to his house and asked for Rs. 200/-from his daughter-in-law saying that Arvindhad stayed back on the 'dih' for cutting 'janera' and had asked him (Ramdahin), who was going to Darbhanga, to take some money (from his home) and bring for him some cloths from there. On this his daughter-in-law gave him Rs. 200/- and he went away. The informant said that when his son did not come back by 3 O'clock he became a little suspicious and went to the janera filed to look for him. There the watchman of the field Bauey Lal Ram (PW 1) informed him that Arvind had not come therefor cutting jenera but a little while ago Ramdahin had come in wet condition and had asked about Arvind. He (Bauey Lal) told him (Ramdahin) that Arvind had not come there. This made the informant more suspicious. At that moment his nephew Rajiv Kumar Mishra (PW 4) and grand-son Sanjeev Kumar (PW 5) told him that Ramdahin was seen going hurriedly in the direction of Kolhanta. The informant then sent some person (s) on motor cycle and had him (Ramdahin) apprehended and brought back to the village. In presence of a large number of villagers he was interrogated and asked about Arvind since he had gone with him on his inducement and as to why did he falsely say that he was cutting janera. Then Ramdahin disclosed out of fear. (tab who dar se bataye) that he had killed Arvind by drowning at Chaggra Gachhi, Basuara because on certain matters he used to oppose him (Ramdahin) and one of his (Arvind's) pattidars. The informant further stated that they took Ramdahin on boat to Chaggra Gachhi and asked him about the body. He took them to the spot where after killing the deceased by drowning, he had concealed the body. Then the dead body was taken out from water and it was put on the road. On return, as the boat approached the dry ground Ramdahin jumped from the boat and taking advantage of the large crowd assembled there fled away. At that time the wife of Ram Bahadur Sahani of village Tisidih also came there and said that a short while ago Ramdahin had gone to her and had asked for an ear then pitcher for tying it to the dead body to conceal it in deep water.