UPENDRA SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These four appeals each filed by one appellant question the legality of the judgment of conviction dated 12.02.2013 and order of sentence dated 13.02.2013 passed by the learned Ad hoc Additional Sessions Judge III, Darbhanga, in Sessions Trial No. 33 of 2010. The trial Court convicted all the appellants under Section 302/34 of the IPC and Section 120B of the IPC and sentenced them to undergo RI for life with fine having default clause and R.I. for 14 years respectively. Appellant Ranjit Sahni @ Kharha Sahni of Cr. Appeal no. 314 of 2013 was additionally held guilty under Sections 380 and 411 of the IPC and sentenced to undergo S.I for 03 years with fine having default clause and R.I. for one year respectively.

(2.) The factual background of the prosecution case as unraveled at the trial is that on the morning of 25.08.2008, the SHO of Singhwara P.S. on receiving a message regarding the murder of a couple in the village Singhwara north Ramkunj Mohalla records a "Sanha" and proceeds to the village where the statement of PW-22 was recorded on the same day at 9 A.M. PW-22 disclosed in the "fardbeyan" (Ext. 9) that in the morning of 25.08.2008 Shatrudhan Bhagat (PW-16) informed him that when he visited in the morning the house of the deceased Sita Ram Jha @ Rabindra Nath Jha for supplying milk, he did not find any response from the inmates. He also noticed blood spots on the "darwaja" of his house. On hearing this, the informant (PW-22) with some of the villagers went to the house of the deceased only to find that the doors were ajar. As he entered into the bed room Rabindra Nath Jha and his wife Kalpna Jha (the two deceaseds) were seen lying dead in a pool of blood. The articles kept in the room were scattered. There was profuse bleeding on the floor in which the foot print of the miscreant was also seen. He further stated that the entire details of the belongings of the deceased which might have been stolen and the reason for causing death of the couple shall be explained by the two sons and daughter of the deceased couple. After recording the "fardbeyan". PW-25 took up the investigation of the case and inspected the place of occurrence which was the house of the deceased couple having a fenced front yard. Through a grille gate entry into the house was possible through verandah whereafter there were two bedrooms. In one bedroom the two deceased(s) were found lying in pool of blood tied their legs with a white cloth. Immediately, he prepared the "punchnama" of the dead body of Rabindra Jha (Ext. 11/1) in presence of PW-22 and PW19 whereas "punchnama"(Ext.11) of the dead body of his wife Kalpna Jha was drawn in presence of PW- 1 and PW3. Their signatures over the "punchnama" of deceased Kalpna Jha are marked as Exts.1/1 and 1/2 respectively. Similarly, the signatures of PW-22 and PW-19 have also been proved. The seizure of the some of the noted articles from the place of occurrence were also effected by the I.O.(PW-25) which have been proved at the trial as Exts-12. The two dead bodies were dispatched for holding post mortem examination(s). In course of investigation, the appellant Shambhu Kahar was arrested on 12.10.2008 and his confessional statement (Ext.15) was recorded by the I.O. On disclosure made by him, from the paddy field near the house of the appellant Shambhu Kahar, one iron "katta"(dabiya) (Ext.VII) without wooden handle wrapped in a cloth was discovered/recovered which was seized under Ext. 16. On the same day the I.O. along with appellant Shambhu Kahar visited the jewellery shop of PW-7 and his statement was recorded. From the shop of PW-7 some golden balls, gold chain and "nugs" used in the ring etc. were seized under Ext. 17. The I.O. thereafter recorded the statement of Sarovar Kahar (PW23) who is full brother of appellant Shambhu Kahar. On 19.10.2008 appellant Ranjit Sahni of Cr. Appeal no. 314 of 2013 was arrested at Bithouli chowk and his confessional statement was recorded. On disclosure made by the appellant Ranjit Sahni a Nokia (model 1108) cell phone was recovered (Ext. V) from tiled roof of "Bathan"( cow shed) of the said appellant in presence of PW-4 and PW-14. The signatures of PWs-4 and 14 on the seizure memo have been proved as Exts. 1/4 and 1/11 respectively. The police laid the charge sheet against the present appellants on 09.01.2009 and kept investigation pending in respect of others, whereon cognizance was taken and the case was committed to the Court of Sessions on 17.02.2011. In course of trial one of the coaccused(s), namely, Dilip Kahar absconded. His case was separated. While the evidence was being led, on an application filed by the prosecution under Section 319 of the Code of Criminal Procedure ( for short "the Code") co-accused, Prabhash Jha ( son of the informant of the present case) was summoned to stand the trial. The trial Court separated the trial of co-accused Prabhash Jha and continued with the present trial of the appellants wherein charges were framed on 04.03.2010 against all the appellants under Sections 302/34, 380, 396/34, 412 and 120B of the IPC which were read over and explained to the appellants. They abjured the guilt and claimed to be tried. Their defence was complete denial of their involvement in the case.

(3.) In order to substantiate the charge, the prosecution, in all, examined 28 prosecution witnesses. It is profitable to give out the details of the witnesses with specific reference to the point on which they deposed. PW-1 Prem Shankar Jha is a witness to the inquest of the dead body of one of the deceased(s), namely, Kalpna Jha. PW-2 Vijay Kumar Jha is a witness to the seizure of the iron pipe from the pond which was a weapon of assault used in the crime. PW-3 Jagarnath Mishra is also witness to the inquest report of one of the deceased(s). He has proved his signature on the inquest report of deceased Kalpna Jha as Ext. 1/2. He is also witness to the seizure list (Ext. 12) made by the I.O. at the place of occurrence. PW-4 again is a witness to the recovery of iron pipe from the pond in front of the house of the deceased on 27.08.2008 (Ext. 19). He has proved his signature on the seizure memo (Ext. 1/4). The iron pipe recovered from the pond is material Ext. VI. PW-5 Jyoti Krishna Jha is a witness who had deposed on the recovery of Nokia mobile set (Model 1108) on 19.10.2008 (material Ext. V) from the tiled roof of the cow shed of appellant Ranjit Sahni @ Kharha Sahni. The seizure memo prepared in this regard is Ext. 18. This witness has proved his signature on the seizure memo as Ext. 1/5. PW-6 Shoaib Akhtar is the village chowkidar of Singhwara P.S. who brought the material Exts. I to IV before the Court. PW-7 is the owner of the jewellery shop from where, on the disclosure made by the appellant Shambhu Kahar, recovery of chain, golden balls, "nugs" of the ring etc. was made by the I.O.. The seizure memo is Ext. 17 and signatures of the witness thereon is Ext. 1/6. PW- 8 Himanshu Shekhar is son of the deceased who arrived from Bangalore on hearing the sad news of the murder of his parents. PW-9 Kamlesh Thakur is the brother of PW-7 who has stated that appellant Shambhu Kahar had come to the shop of PW-7 in his presence to sell the gold chain, ring etc. He is also a witness to the seizure memo (Ext. 17). His signature on the seizure memo is Ext. 1/8. PW-10 Puroshottam Jha is an agnate of the informant (PW22) who had accompanied him to the place of occurrence and also an attesting witness to the "fardbeyan". He has proved his signature on the "fardbeyan" (Ext. 1/9) PW-11. Shyam Chandra Thakur is again a witness to the seizure of chain, gold balls and "nugs" etc. from the shop of PW-7. He has proved his signature on the seizure memo Ext. 1/10. PW12 Saroj Kumar Choudhary is the brother of deceased Kalpna Jha. On hearing the news of the murder of his sister and brother-in-law, he reached the place of occurrence in the evening of 25th of August, 2008. PW-6 Shoaib Akhtar is again examined as PW-13 when he carried material Ext. V (Nokia mobile).He has also proved the signature of the SHO on the seizure memo (Ext.2).