HARIDWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 23.12.1987 passed by Additional Sessions Judge -XIII, Patna in Sessions Trial No 332 of 1982 convicting and sentencing all the five appellants to undergo imprisonment for life under Sections 302/34 of Indian Penal Code (in short "IPC") and rigorous imprisonment for five years each under Section 201 read with Section 302 of IPC and further sentencing each of them to pay a fine of Rs. 2,000/ - under Section 302 read with Section 34 of IPC and in default in payment of fine to further undergo rigorous imprisonment for two years and fine of Rs. 1,000/ -each under Section 201 read with Section 302 of IPC and in default in payment of fine to undergo rigorous imprisonment for one year and ordering 50% of the fine amount when deposited to be paid to Sanjay, the grandson of deceased by way of compensation, the appellant Haridwar Yadav has preferred criminal appeal No. 80 of 1988 and remaining four appellants have preferred criminal appeal No. 83 of 1988. Since both the appeals arise out of the same judgment and order, therefore, both have been heard together and are being disposed of by this common judgment. The case of prosecution, in short, is that on 27.8.1981, Chaukidar Khakhnu Paswan (not examined) went to Dulhin Bazar Police Outpost and informed that near Ram Lakhan Singh High School, Dulhin Bazar, blood in sufficient quantity, was seen around a hand boring pump and the trails of blood had gone from hand boring pump to a nearby well. On his information station diary entry No. 321 dated 27.8.1981 was recorded by Balram Tiwary (PW 15), the then Assistant Sub -Inspector of Dulhin Bazar Police Outpost who alongwith constable Jay Nandan Singh (not examined) and armed force went to the well and procured a 'Jhagar' (bunch of hooks) and with the help of villagers recovered a headless body from well whose hands and legs were tied by a napkin and some bricks were tied with dhoti. Inquest report of dead body was prepared and a number of persons, in the meantime, assembled there out of which Laldeo Yadav (PW10), nephew of deceased, chaukidar Narayan Paswan (not examined) and others identified the dead body as of Deo Narayan Yadav. In the meantime, family members of deceased also reached there and identified the dead body. From look, it appeared that by cutting the neck with a sharp edged weapon, murder was committed and in order to conceal the offence, headless body was thrown in the well. Balram Tiwary reported the matter to Officer -in -charge of Bikram Police Station by submitting a written report (Exhibit -7) and a formal first information report (Exhibit -9) against unknown under Sections 302/201 of IPC was registered and investigation was taken up. During investigation, sniffer dogs were deployed and a blood -stained Pajama from the saw mill of appellant Chandeshwar Paswan and a blood -stained Fasuli from the house of appellant Rajandhari Singh @ Dulli Singh were recovered and police, after investigation, submitted charge -sheet under Sections 302/201 of IPC against all the five appellants. Cognizance of the case was taken and case was committed to the Court of Session where charges under Sections 302/34 and 201 of IPC were framed against the appellants. Because they denied the charges, so they were put on trial and after trial, they were found guilty and were convicted and sentenced, as indicated above. The case of appellants, as it appears from the trend of their cross -examination is of complete denial of charges and their false implication. No witness on behalf of appellants was examined.

(2.) IN order to prove its case, prosecution examined fifteen witnesses. Ramchandra Singh (PW 2) and Bhupali Rai (PW 4) are witnesses in whose presence, blood -stained Pajama and blood -stained Fasuli were recovered from the premises of appellant Ram Bhawan, Chandeshwar Paswan and Rajandhari Singh @ Dulli Singh. PW 2 has said that police dogs entered the saw mill of appellant Chandeshwar Paswan and police recovered a blood -stained Pajama which was kept beneath the bed on the chauki and police prepared seizure list on which he put his signature (Exhibit -1). Similarly, Bhupali Rai (PW 4) has said that police dog entered the house of Rajandhari Singh @ Dulli Singh and police recovered a Fasuli and prepared a seizure list on which he and Kameshwar Singh put their signatures (Ex -hibits -1/1 and 1/2). Dhodha Sao (PW 5) is a witness on inquest report on the dead body and has proved his signature (Ex -hibit -1/3) as well as signature of his brother Shiv Lochan Sao (Exhibit -1/4). Raghubir Yadav (PW 6) is also a seizure list witness when the blood -stained Pajama was recovered from the saw mill of Chandeshwar Paswan and he has proved his signature (Exhibit -1/7) and seizure list (Exhibit -2/2). Ram Badan Singh (PW 9) and Ramdas Singh (PW 12) are tendered witnesses. Dr. Md. Shamsul Haque (PW 13) and Dr. Sidheshwar Prasad Singh (PW 14) are doctors who had held post mortem examination on the body and head of deceased. Laldeo Yadav (PW 10) is the nephew of deceased who had identified the dead body when it was recovered from the well by police. Nirmal Kumar Srivastava (PW 11) was posted as a Clerk in Camp Jail, Phulwari where Balram Tiwary (PW 15) went there with the shoes which he had recovered from the well and in his presence, Balram Tiwary put the shoes in the feet of appellant Chandeshwar Paswan and when shoes were found fitting in the feet of Chandeshwar Paswan, he prepared a report (Exhibit -4). on which this witness put his endorsement and signature (Exhibit -5) and appellant Chandeshwar Paswan also put his signature (Exhibit -1/7).

(3.) THE case of prosecution is that after the headless dead body was recovered from a well and dog squad was called for and when the sniffer dog smelt the blood fallen near hand boring pump and the shoes which were recovered near the well from which the dead body was recovered, the sniffer dog went to another nearby well and sat down on its barricading wall and with the help of quarrel, the head of deceased tied in a napkin with bricks was recovered and inquest report (Exhibit -3/1) was prepared. This head was examined by Dr. Sidheshwar Prasad Singh who, in his evidence, has said that on 28.8.1981, he was posted as Civil Assistant Surgeon at Danapur and on that day at about 4.25 PM, he held post mortem examination on a head with neck and found as follows: