MOHAN GAGRAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant in this case has been convicted under Sections 302, 201/34 of the IPC by the impugned judgement and order dated 31-5-1989 by Smt. Sakuntla Sinha, IInd Additional Sessions Judge, Singhbhum at Chaibasa, in Sessions Trial No. 214 of 1986. The appellant has been sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 2,000 and in default to undergo simple imprisonment for six months under Section 302 of the IPC. No separate sentence was passed under Section 201 of the IPC.

(2.) The prosecution story is based totally on circumstantial evidence. It is the case of the prosecution that deceased Gujri Gagrai was a boy of 14 years old at the time of occurrence and he was employee as a servant in the house of one Krishna Singh Jamuda of Village Uligutu. Alongwith this Gujri Gagrai, another boy named Budhram Gope was also a servant in t hat house. From the evening of 17-3-1984 Gujri Gagrai was found missing in the house of Krishna Singh Jamuda and on his search Budhram Gope came to the house of the father of Gujri Gagrai namely Rashi Gagrai and informed him about the missing of his son. Then this Rashi Gagrai informant in the case went to the house of landlord and from the female folk he could learn that Gujri Gagri was missing from last evening of 17-3-1984. He smell of something unnatural and suspecting that his son might have been disappeared at the hands of his enemy i.e. accused Mohan Gagrai, he went to the house of the accused in search of his son. There also Mohan Gagrai completely denied of taking the deceased Gujri Gagrai with him or could not give any information about his son. Then on 19-3-1984 this Rashi Gagrai lodged an information with Chaibasa Mufassil police station. On the basis of which FIR (Exhibit-1) was drawn and investigation started. As the informant suspected about this accused's involvement in this crime the accused Mohan Gagrai alongwith co-accused Nazir Honhaga were arrested. It is the case of the prosecution that in the evening of 17-3-1984 Mohan Gagrai took away Gujri Gagrai from his landlord on the plea of seeing "BAA" festival at Chaibasa and afterwards he did not return. It is further case of prosecution that accused/appellant Mohan Gagrai" had confessed his guilt before the police and on his statement the deadbody of Gujri Gagrai was recoverved from wheat field on 23-7-1994. The deadbody was identified by the informant and then the same was inquested and sent for autopsy. On post-mortem it was found that death of Gujri was due to injuries on his person.

(3.) After closure of investigation charge-sheet was submitted against both Mohan Gagrai and Nazir Honhaga and charges were framed under Sections 302/364/201/34 of the IPC against both the accused persons vide order dated 18-9-1986. When the charges were framed and read over to the accused persons they pleaded not guilty.