(1.) The appellant was put on trial with two others, namely, Ramesh Bhagat and Ram Bilas Bhagat by being charged with offences under Sections 307/34 and 379 of the IPC by the learned Presiding Officer, Fast Track Court, Chapra in Sessions Trial No.135 of 1988/220 of 2002. While the two accused persons, namely, Ramesh Bhagat and Ram Bilash Bhagat were acquitted of the charges by the learned trial Judge by the impugned judgment dated 16.05.2002, the present appellant Rajendra Barai @ Rajendra Bhagat was held guilty of committing the offence only under Section 307 of the IPC. The appellant was heard on the quantum of sentence to be inflicted upon him on 21.05.2002 and the learned trial Judge directed him to suffer rigorous imprisonment for ten years as also to pay a fine of Rs.1,000/- else to suffer rigorous imprisonment for a further period of one month. The appellant had chosen to challenge the above judgment of conviction and order of sentence passed against him through the present appeal.
(2.) The informant, Harihar Sah, stated in his written report that his wife Lugni Devi and daughter Gangiya Kumari, aged about 8-9 years on 18.04.1986, had gone to Kharika Bazar for selling vegetables. The appellant Rajendra Barai @ Rajendra Bhagat came to purchase vegetables and as per the written report as also per evidence, he had purchased potatoes, parwal, tomatoes of the weight as noted in the FIR and when it came to paying up the price by the appellant, which was demanded by the daughter of the informant, namely, P.W.5 Gangiya Kumari, the appellant asked her to accompany him to get the money. Accordingly, P.W.5 Gangiya Kumari went with appellant Rajendra Barai @ Rajendra Bhagat.
(3.) P.W.4 informant, Harihar Sah, stated that he came to the market place and he was told by his wife (not examined) about the purchase of vegetables and non-payment of the price thereof by the appellant and instead of taking away the little girl with him by the appellant. The informant stated that he came to the house of this appellant and found that his eight years old daughter, Gangiya Kumari (P.W.5), had been hanged up in the well after being tied on her feet and hands. It was stated that acquitted accused Ramesh Bhagat and Ram Bilas Bhagat were also standing there and both of them were egging on the present appellant to kill the child by drowning her in the well. As soon as P.W.4, the informant, Harihar Sah reached at the Darwaja of the present appellant, he also found the act being committed and heard the shoughts of his daughter who was crying for her life. The informant enquired from the accused persons as to what wrong the little child had done to him, upon which the accused persons abused the informant and the present appellant stated that he should also be assaulted after being tied down and acquitted accused Ramesh Bhagat and Ram Bilash Bhagat tied his hands with a rope and took his thumb impression on blank papers. Acquitted accused Ramesh Bhagat took out Rs.315/- from the upper pocket of the informant as also his HMT wrist watch. The informant stated that he raised hue and cry, upon which Sheo Prasad Sah (P.W.2), Brajendra Sah (not examined), Dharamnath Sah (P.W.3) and Sheo Lal Rai (P.W.1) with others, came there and saved both the informant and his daughter.