SOHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are six appellants in this appeal They had been jointly tried by the Sessions Judge of Palamau for various offences. AH of them have been convicted under Section 302 read with Section 34 of the Indian Penal Code for murdering one Kashim Mian, and have been sentenced to suffer rigorous imprisonment for life. They have been further convicted under Section 201 read with Section 34, Penal Code, and have been sentenced to suffer rigorous imprisonment for four years. Appellants Nos. 1, 2 and 3, named Sohar, Bhonu and Kail, have been further convicted under Section 364 read with Section 34, Penal Code, and sentenced to undergo rigorous imprisonment for five years The sentences have been ordered to run concurrently. The accused persons have now preferred this appeal from jail

(2.) The prosecution case, shortly stated, is that Kashim of village Mukta within police station Daltonganj was employed as a Munshi by the Rohtas Industries Ltd. (hereinafter to be referred to as 'the Company') in Kundelpur jungle of Karma centre. On Wednesday, the 1st May, 1963, Kashim went to the head office of the Company and stayed there for the night. It is said that on the next day, i.e., the Thursday, the 2nd May, 1963, at about noon Sohar met him at Manatoo and after some talk with him, he took him to the house of Bhonu Mistry at village Kharikdag. From that place Sohar, Bhonu and Kail took Kashim to a place, which was a dry rivulet in Kundelpur jungle. The other three accused persons, named. Dhanpat, Rajapati and Foolchand also came to that place. They all made Kashim sit there by telling that the persons stealing the bamboos of the Company would be passing by that way and they would be able to catch those thieves. The prosecution case further is that while Kashim was silling there, all of a sudden Bhonu assaulted him with the blunt side of a langi, upon which Kashim fell down, and then all the accused persons assaulted him with the blunt side of their respective tangis. After having killed him they buried his dead body on an elevated place near the nala.

(3.) It is said that Rameshwar Bishwakarma (P W 1) who was the Assistant Supervisor of the Company and was attached to Karma centre, under whose jurisdiction Kashim was working, had gone to Manatoo on the 1st May, 1963. He had also seen Kashim Mian staving at Manatoo on the night of 1st May, 1963. On the 3rd May, 1963. P. W. 1 returned to Karma centre and on the 6th May, 1963, be returned to Manatoo and learnt from the forest Assistant Harinaudan Prasad (P. W 11) that Kashim had not returned P W 1 further learnt that one Jalil Mian had been sent to the place of the father-in-law of Kashim and another person to the place of Kashim's father to find out if Kashim was at any of those places, but it was learnt that he had not gone to either of the two places Thereafter. P W 1, accompanied by the two other persons, Chaturgun Singh (P. W 2) and Karimuddin (P. W 10) went to Urur in search of Kashim Mian. On their way they met Sohar at Urur at about 3 to 4 p.m. They brought Sohar to Manatoo office and questioned him about the whereabouts of Kashim, upon which he told them the aforesaid facts, which led to the killing and death of Kashim, already stated above Sohar further told them that they took Kashim's dead body and concealed near a Tongra (hillock) and that he was prepared to show the place to them Thereafter P W 1 took Sohar to Manatoo police station and a first information report (Ext 5) was lodged there, which was recorded by the Sub-Inspector of Police (P W 14) He took up investigation of the rase arrested Sohar Singh, and left for the place of occurrence on a truck, accompanied by Sohar Singh They carried with them a pelromax light and reached village Kharikdag at about 10.45 P M He arrested the other five accused persons and recovered some tangis from the houses of Bhonu. Kail and Rajapali, and prepared a seizure list P W 14 then went to Kundelpur jungle along with the accused persons. Sohar took him to a place near the dry rivulet (nala) and found that there was a stone slab and at short distance from the nala the ground was scrapped at six places. There was no mark of blood. Sohar took them to a hillock, which was to the south-west of the dry rivulet, and told them that the body of Kashim had been buried there P. W 14 found the place covered with dry leaves and fresh earth had been placed over that place He also found some boulders at that place and after those boulders were removed, foul smell emanated from the place After the place was dug out, the dead body of a man was brought out, which was highly decomposed He also found a lungi, kamij and underwear on the person of the deceased A permit book and a fountain pen were also found in the upper pocket of the kamij P W 14 seized those articles and brought the dead body to the police station where he held inquest over it, and arranged to send the corpse to the Daltonganj hospital for post-mortem examination P. W. 14 handed over charge of the investigation to another Sub-Inspector B.H. Kumar (P. W. 8), who after completing the investigation, submitted charge-sheet in the case Substantially, on these allegations, which was also the evidence of Rameshwar Bishwakarma (P W. 1), the accused persons were put on trial with the result indicated earlier