STATE OF BIHAR Vs. ARJUN CHOURASIA

JUDGEMENT

(1.) DEATH Reference No. 7 of 2013 and Cr. Appeal (DB) Nos. 497, 483, 934 of 2013 arise out of Judgment, order of conviction, sentence dated 18.04.2013, 25.04.2013, passed by Ad hoc Additional District and Sessions Judge -V, Bhojpur at Ara, in Sessions Trial No. 434 of 2010, whereunder the appellants of the aforesaid appeals have been convicted for the offence under Sections 302/120 -B, 201 of the Penal Code and awarded death sentence for conviction under Sections 302/120 -B of the Penal Code, seven years rigorous imprisonment for conviction under Section 201 of the Penal Code with further direction to pay fine of Rs. 10,000/ -. In default of payment of fine they have been further awarded sentence of simple imprisonment for three months. Arjun Chourasia, Appellant No. 1 in Cr. Appeal (DB) No. 934 of 2013 has further been convicted for the offence under Section 364 of the Penal Code and sentenced to undergo rigorous imprisonment for ten years with further direction to pay fine of Rs. 25,000/ -. In default of payment of fine to further undergo simple imprisonment for three months.

(2.) DEATH Reference No. 8 of 2013 and Cr. Appeal (DB) No. 446 2013 arise out of Judgment, order of conviction, sentence dated 18.04.2013, 25.04.2013, passed by Ad hoc Additional Sessions Judge -V, Bhojpur, Ara, in Sessions Trial No. 123 of 2011, whereunder the appellant of Cr. Appeal (DB) No. 446 of 2013 has been convicted for the offence under Sections 302/120 -B, 201 of the Penal Code and awarded death sentence for conviction under Sections 302/120 -B of the Penal Code, seven years rigorous imprisonment for conviction under Section 201 of the Penal Code with further direction to pay fine of Rs. 10,000/ -. In default of payment of fine he has been further awarded sentence of simple imprisonment for three months.

(3.) EARLIER P.W. 7 Radha Mohan Ram while returning from patrolling duty in the evening of 08.08.2010 after 9.00 P.M. noticed a mob of villagers collected in Nawadih orchard, made enquiry from the villagers and learnt that a man has been killed, his body thrown in the orchard, came near the body and confirmed that an unknown man has been killed, his body has been thrown in the orchard informed Shahpur P.S. by his mobile about the incident, presence of the dead body in the orchard. On the basis of the information received from P.W. 7 entries were made in the station diary by P.W. 17 Hare Krishna Mandal about the incident and the presence of the dead body in Nawadih orchard vide Station Diary Entry No. 162 dated 08.08.2010. Having made the entries in the station diary P.W. 17 along with police force came to Nawadih orchard. P.W. 17 having reached the orchard saw the dead body, made search of the body and from the inner pocket of the full -pant of the deceased found a slip of Krishna Jewellers dated 13.07.2010 indicating payment of Rs. 29,000/ - by Amrit Raj Tomar @ Pintu, resident of Hariji Hata, Ara to Krishna Jewellers. Having discovered the slip indicating payment of Rs. 29,000/ - by Amrit Raj Tomar @ Pintu to Krishna Jewellers P.W. 17 contacted the proprietor of Krishna Jewellers Sri Gappuji (not examined) in the same night and confirmed from him the identity of the deceased. Staff of Krishna Jewellers also went to the residence of the deceased around 4.00 A.M. on 09.08.2010 and informed P.W. 9 that a dead body has been found in Nawadih orchard and from the inner pocket of the full -pant of the deceased a slip has been recovered wherefrom it appears that Amrit Raj Tomar @ Pintu purchased jewelleries worth Rs. 29,000/ - from Krishna Jewellers on 13.07.2010. P.W. 9 having learnt about the slip recovered from the inner pocket of the dead body found in Nawadih orchard telephonically informed his brother -in -law (P.W. 16) on 09.08.2010 at 4.30 A.M. that staff of Krishna Jewellers has come to his house to inform him about the murder of his son Amrit Raj Tomar @ Pintu and his dead body is found thrown in Nawadih orchard. P.W. 17 having confirmed about the identity of the deceased conducted inquest of the dead body in Nawadih orchard on 09.08.2010 at 6.30 A.M. and on his instruction A.S.I. Harendra Kumar Singh (not examined) drew the inquest report (Ext. 9). Having conducted inquest proceeding P.W. 17 prepared the dead body challan on 09.08.2010 between 7.00 -7.30 A.M. as he drew the challan at 7.00 A.M. but issued the same to the Chaukidar Radha Mohan Ram (P.W. 7) and Sambhu Paswan (not examined) at 7.30 A.M. Having dispatched the dead body for post mortem seizure of the incriminating articles including the motorcycle key found at the place of occurrence (Nawadih orchard) was made by P.W. 17 on 09.08.2010 at 7.45 A.M. vide seizure list (Ext. 10).