RAM BABU PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant along with 3 others was charged for the offence under Sections 302/34 and 201/34 of the I.P.C. By the impugned judgment and order dated 6-5-2002 while acquitting the other three co-accused, the learned 1st Addl. Sessions Judge, Samastipur has convicted the appellant for the aforesaid charges in Sessions Trial No. 119/26 of 1999 arising out of Dalsingsarai P.S. Case No. 15 of 1998 and awarded Rigorous Imprisonment for Life and Rigorous Imprisonment for five years respectively for the aforesaid two charges.

(2.) The prosecution case is based upon circumstantial evidence. As per Fardbeyan of the informant Suresh Paswan (P.W. 10), his son Ritesh Kumar aged about 8 years went out to play at about 6.30 p.m. on 11-2-1998 along with another young boy Sonu Paswan aged about 7 years. They were playing in front of Darwaja of the appellant, a neighbour. At about 7 p.m. when Ritesh did not return then a search started with the help of Shyam Paswan (P.W. 6) and Baidyanath Paswan (P.W. 7). Sonu Paswan (P.W. 2) on enquiry disclosed that while he was playing with Ritesh in front of Darwaja of this appellant then the appellant, his mother and his sister gave them "Dalmot" and after some time Ritesh was asked by the appellant to take out husk from "Bhuskar" (enclosed space with small opening for storage of husk). Allegedly, Sonu further disclosed that he also started going towards Bhuskar but the appellant scolded him and thereupon Sonu came back to his house. Informant along with other neighbour went to Darwaja and Bhuskar of the appellant and in course of search of the Bhuskar he found an empty plastic gunny bag as well as another gunny bag in which some heavy article was kept and the mouth of the gunny bag was tied. The informant wanted to open the gunny bag but allegedly mother of the appellant informed that it was containing Khalli (Oil Cakes). Thereafter search was continued in the vicinity and suddenly some people shouted that Ram Babu Paswan the appellant had been spotted throwing a gunny bag in the tank of Gobar Gas Plant belonging to one Lakshmishwar Chaudhary. On such hulla, the informant ran and was informed by several co-villagers including Deepak Paswan (P.W.3), Shyam Paswan (P.W.6) and Ganesh Paswan (P.W.9) that Ram Babu Paswan, the appellant has thrown a gunny bag in the tank. Several villagers arrived and Bharat Paswan (P.W.5) put his hand in the tank and took out a gunny bag. When it was opened then the dead body of Ritesh was found therein. The neck was found to have been strangulated with the help of a cotton rope and that appeared to be the cause of death. The informant disclosed that two days earlier the accused appellant had purchased a Bidi for smoking and when he asked for match box then informant's mother did not oblige him and allegedly the appellant gave threat on account of sarcastic reply of informant's mother. It was also alleged that the appellant is a drunkard and of criminal character and had committed the murder with the help of his other family members because the informant used to object to his criminal activities.

(3.) The Fardbeyan of the informant Suresh Paswan was recorded by Sub-Inspector of Police, S. Khan, Officer-in-Charge, Dalsingsarai Police Station (P.W. 12) in the village at 23.00 hours at the place where the dead body was recovered from the tank and was lying. For some reason it appears that the inquest report was prepared by P.W. 12 in the next morning i.e. at about 6 a.m. on 12-2-1998. The seizure list showing seizure of the plastic gunny bag was also prepared on 12-2-98 at 6.15 a.m. After initial investigation by P.W. 12, the investigation was taken over by the new Officer-in-Charge of Darsingsarai Police Station, Manindra Kumar Sinha, (P.W. 13) who also examined some witnesses, completed investigation and submitted charge-sheet against all the four accused persons. The first charge-sheet was submitted in respect of the appellant and his mother and the second charge-sheet was against other two co-accused, the father and sister of the appellant. In course of trial the accused persons pleaded not guilty to the charges and after trial three of the accused persons were acquitted but the appellant was convicted by the impugned judgment already noticed above.