STATE OF BIHAR Vs. PRAJEET KUMAR SINGH

JUDGEMENT

(1.) JUDGMENT and order dated 15th December, 2003 passed by the 6th Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 583 of 1998, inflicting the sentence of death to accused Prajeet Kumar Singh, upon his conviction under Sec.302 of the Indian Penal Code has necessitated this reference under Sec.366 of the Code of Criminal Procedure. Said Prajeet Kumar Singh has also pre ferred an appeal from the said judgment and order of his conviction and sentence which has been registered as Criminal Appeal No. 4 of 2004. Besides, the said Prajeet Kumar Singh has also been convicted under Sec.307 of the Indian Penal Code for which no separate sentence has been awarded to him. Both the cases, arising out of the same judgment and order, have been heard together and are being disposed of by this common judgment. Referring the said Prajeet Kumar Singh hereinafter as 'appellant ', we may mention that by the same judgment one Ram Badai Singh, father of the appellant, has been acquitted of the charges framed against him.

(2.) AS per the fardbeyan of one Pawan Kumar Thakur (RW. 3), recorded at 4.00 A.M. on 19.4.1998 at M.J.K. Hospital, Bettiah, the prosecution case, in short, is that the appellant, a friend of his son Prakash Kumar (P.W.1) was living in his house at Supriya Road in Mirja Toli of Bettiah town since last 4 years and also used to take his daily meal for which he used to give Rs. 500.00 per month. However, since last several months he had not paid the amount and the appellant owed Rs. 4000.00 altogether as rent for house and food to the informant for which the informant regularly made demands. Four -five days ago, when the informant made the demand, the appellant said that he was going home to bring money. After the appellant went home, one Sala of his brother, namely, Chandra Bhushan Pandey, came to informant 'shouse in search of appellant. The informant did not allow him to enter the house as he appeared to be of criminal nature. The day before i.e. on 18.4.1998, the appellant came back at 3.00 P.M. After having dinner when the informant asked for his dues, the appellant told him that he should accompany him to his home where he would be paid his money. Thereafter, the informant and his wife went to sleep in their room on the third floor of the house and the appellant also went to sleep in an adjoining room. All the children were sleeping on the second floor below. All of a sudden at 2.30 in the night the informant and his wife heard the scream of their son and they woke up suspecting that both the children were quarrelling among themselves. However, when the informant came down to second floor with his wife, he saw that appellant had assaulted his younger son Deepak Kumar with a big 'dab ' (dagger like weapon) due to which he had died. As soon as the appellant saw them, he also assaulted the informant, his wife (RW. 2), his elder son Prakash Kumar (RW. 1), his daughter Kiran Kumari (deceased), his niece Pooja Kumari (deceased) with the 'dab ' and caused grievous injuries to them. All of them were brought to M.J.K. Hospital where the statement of the informant was recorded by the Investigating Officer (P.W.12). It may be stated here that all the injured were referred to P.M.C.H., Patna for treatment. However, Kiran Kumari and Pooja Kumari succumbed to their injuries later on.

(3.) DURING the trial prosecution examined altogether 18 witnesses. Out of them RWs. 1, 2 and 3 are injured eye witnesses and amongst them RW. 3 is the informant and father; RW. 2 is the mother and P.W.1 is the elder brother of deceased Deepak Kumar; RW. 4 and RW. 8 are witnesses to seizure of Khukhari (the weapon) and bed sheet; RW. 5 is the doctor of M.J.K. Hospital, who held postmortem examination of the bodies of Kiran Kumri and Pooja Kumari on the sme day; RW. 7 is the doctor of the same hospital who examined the three injured, found multiple incised wounds on their person and gave his report; RW. 9 and RW. 10 are witnesses to the inquest of dead body of Deepak Kumar and RW. 11 is witness to inquest of dead bodies of Kiran Kumari and Pooja Kumari; RW. 12 is the Investigating Officer; RW 13 and RW. 14 are witnesses on the point of keeping one lac of rupees with the informant on 18th for safe custody and father, brother and a friend of appellant having come to the house of informant on the day and these witnesses having come to know about the incident in the morning; P.W.15 is a witness of jumping of appellant from the roof and his fleeing away with ' 4 -5 persons whom he names; RW. 16 is the Judicial Magistrate who recorded the statements of RWs. 13, 14 and 15 and one another under Sec.164 Cr.P.C. and RWs. 17 and 18 are doctors of P.M.C.H., Patna who deposed on the point of injured witnesses having been admitted and having received treatment there. 5. P.W.1 Prakash Kumar Thakur is the son of the informant and has sustained injury on his head. He has stated in his evidence that he used to study alongwith the appellant in Saraswati Shishu Mandir and living in the hostel and during this period friendship developed amongst them. After completion of the house at Supriya Road, where occurrence had taken place, he stopped living in the hostel. Still appellant used to visit him frequently and cultivated good relationship with the members of his family. Appellant made request to stay at their residence and attend the school with a promise that he would pay Rs. 500.00 towards food and lodging. The appellant started living with the family of this witness since 3 to 4 years prior to the occurrence. According to him 5 to 6 months prior to the occurrence appellant stopped paying the charges and avoid his father whenever he put demand for the payment. On pressure being put by his father to pay the outstanding dues appellant went to his village for bringing the money.