THE STATE OF BIHAR Vs. ABHIJEET KUMAR @ ASTAM

JUDGEMENT

(1.) (CAV) - The instant Death Reference and the Criminal Appeal arise out of the Judgment of conviction and Order of sentence dated 01.03.2016 passed by the 7th Additional Sessions Judge, Muzaffarpur, in Sessions Trial No.750 of 2010, arising out of Sadar P.S. Case No.172 of 2010, holding the sole appellant guilty under Sections 396 and 120B of the Indian Penal Code and Sec. 27(3) of the Arms Act and awarding the capital punishment of death under Sections 396 and 120B of the Indian Penal Code with fine of Rs.20,000.00, in default of payment of fine, further rigorous imprisonment for one year with observation that there is no need to pass separate order of sentence under Sec. 27(3) of the Arms Act.

(2.) The prosecution case, as set out in the fardbeyan(Ext.2) of the Informant Prachi Choudhary (P.W.12) recorded by Sri S.K. Singh, Officer Incharge of Sadar Police Station, Muzaffarpur, at the house of Late Kumar Parivesh of village-Khabra, is that before 12 years, after the death of her father, her brother Kumar Parivesh joined the service of Clerk in Bihar University. At that time, whole family was residing in University Quarter. Before five years, his brother started to construct the house in village-Khabra and after completing the same within one year started residing in that house along with his wife, two children and mother. Her brother Kumar Parivesh also used to visit at his native village-Ratwara, P.S. Pear, District-Muzaffarpur, to look after the cultivation work. Today, on 04.07.2010, in the morning at about 08.00 A.M., she received information on mobile phone about the firing at the house of her brother. While she made enquiry that who had received injuries but no proper response was received. She came at the house of her brother in village-Khabra, where she found the crowd at the house. Entering into the house, she found the dead bodies of her brother Kumar Parivesh and nephew Karn Parivesh in the northern room of the house on bed. In the southern room of the house, the dead body of her sister-in-law Rani Parivesh was lying sustaining bullet injury, where the blood was splattered. On the first floor, in the corner room on the bed, eight years child was also found dead sustaining bullet injury at his neck and on the top of the floor, in the northern corner, carpenter of village-Ratwara was found dead sustaining bullet injury. In the open space, the dead body of her mother Laxmi Rani pooled with blood was also lying sustaining firearm injuries on back and neck. As such, her brother and his family members have been killed by unknown under conspiracy. The neighbours told her that the occurrence took place in between 03.00-04.00 A.M. in the morning and at that time, the criminals made indiscriminate firing about half an hour. Criminal have also taken away some articles from the house.

(3.) On the basis of the aforesaid fardbeyan (Ext.2) of Prachi Choudhary (P.W.12),Muzaffarpur (Sadar) P.S. Case No.172 of 2010 was instituted under Sections 302, 380 and 120B of the Indian Penal Code and Sec. 27 of the Arms Act against unknown on 04.07.2010. Sri Manish Kumar, Dy. S.P., Headquarter, Muzaffarpur (P.W.16) on investigation submitted the charge-sheet against the appellant and two others, namely, Randhir Singh and Dilip Kumar alias Dhiraj. After taking cognizance of the offence, the case was committed to the court of sessions where charges were framed on 15.07.2011 against three accused including the appellant to face the trial but in course of defence evidence, due to absence of the accused Randhir Singh and Dilip Kumar alias Dhiraj, their bail bonds were cancelled and their trial was also separated vide order dated 11.09.2015 and, thereafter, the present Appellant has been convicted and sentenced through the impugned Judgment and Order, as indicated above.