RAJIV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these criminal appeals have arisen out of the judgment and order dated 6.10.1994 and 7.10.1994 passed by Shri S.N. Choudhary, VII Additional Judicial Commissioner, Ranchi, in S.T. No. 262 of 1993 convicting the accused-appellants under Sections 364/34, 302/34 of the I.P.C. and also under Sections 201/34 I.P.C. along with Section 120 B of the I.P.C. They were sentenced to rigorous imprisonment for life and also to undergo R.I. for seven years under Section 201/34 I.P.C and sentences were ordered it run concurrently.

(2.) Prosecution case in brief is that the accused-appellant five in number alongwith one Kamlesh Kumar, who was also tried alongwith these accused persons jointly and acquitted afterwards made a conspiracy for kidnapping the child of a moneyed person for getting ransom from the parents and in that process out some mistake, one boy of 6/1/2 years old Guddu residing with his parents at Harihar Singh Road, Ps-Bariatu was kidnapped by the accused persons alongwith Kamlesh Kumar and when the error could be detected, the boy was killed by strangulating him through neck and then the deed body was thrown into a well in a deserted place called Chachani Bagan alias Imam kothi within Sadar Police Station of Ranchi district.

(3.) In details, it can be stated that on 23.12.1992 at about 9.30 a.m. Guddu when came out from his house for playing, he was enticed away by accused Nandan and Gopal Ram being accompanied by other accused Om Prakash, Salyawan and Lalu. Then he was taken to Chachani Bagan and the dead body was thrown into well thereafter killing him by throtling. When Guddu did not return home even in the late evening, Sheo Ram Mishra, PW-7, father of Guddu made a missing report with the police Station. They went on searching Guddu and tried to contact Nandan and Gopal Ram, who were the playmates of Guddu but both, Nandan and Gopal Ram were missing from their houses and it was ultimately found that they absonded. After taking informations from various corners the informant became sure that some mishappening must have been committed with his minor son and on this lodged an information on 26.12.1992 showing his strong suspicion against all these accused persons. It was stated in the Pardbayan that he was informed by his Sister-in-law (elder brother's wife) Sharda Devi (PW-5) that she had seen Guddu going out of the house at about 9.30 a.m. on 23.10.92 followed by accused Nandan and Gopal Ram three unknown persons. He further stated that Guddu was seen near the house of Mathura Singh in Harihar Singh Road being followed by Gopal Ram, Nandan and three unknown persons. On Amit (PW-11) met Guddu on the way and asked him as to where he was going and that Guddathen wanted to flee away from there but he was not allowed to do so by the accused Nandan. It was further alleged that he could learn that the accused Nandan Gopal Ram, Om Prakash, Satyawan and Lalu had jointly kidnapped Guddu in order to murder him. Nandan being a close door was seen many a time in the company of Om, Prakash, Satyawan and Lalu and it was alleged that Nandan had held grudge against the informant for several reasons as when Guddu wanted to take guava from the orchard of Nandan he was threatened and that once Nandan used to play his transistor in High Pitch and when the same was objected to from the informant's house then they were threatened of dire consequences by the accused Nandan. After the Pardbayan was lodged, police started investigation and in course of that accused-appellant, Satyawan, accused, Gopal Ram and (Om Prakash were arrested. Satyawan was arrested from a garage, Om Prakash from his same and Gopal has from his native village at Palamau. All these three accused, it is alleged that made confessional statements incriminating themselves alongwith Nandan, Lalu and Kamlesh. Such confessions were made before the general public while in custody of police and those were then reduced in writing (Ext. 9 series). On the basis of their pointing out, the dead body of Guddu alias Dhiraj was recorded from the well situated in the compound of Chanchani Bagan alias Imam kothi at Dipatoli in the town of Ranchi. On recovery of the dead body, it was found that there were marks of injuries on neck and abrasion on other parts of the body. The dead body was inquested and then the same was sent to R.M.C.H. for post mortem examination. PW-8 and 15 are the doctors, who held post mortem and found the following injuries on the dead body of Guddu alias Dhiraj: