MICHAEL ALEXIX Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Death Reference and Criminal Appeal both are in respect of judgment dated 20-5-1993 passed by Second Additional Sessions judge, Bettiah, in Sessions Trial No. 89 of 1992 on 20-5-1993 whereby the appellant Michael Alexis has been convicted and sentenced to death under section 302 of the Indian Penal Code (hereinafter referred to as, the Code). The appellant has further been convicted and sentenced to ten years under section 364 of the Code and three years rigorous imprisonment under Section 201 of the Code.

(2.) The victim (deceased) is Jaya john, daughter of John Thomas (P. W. 16). The deceased was aged about 10-11 years at the time of incident. The prosecution case, briefly stated, is as follows :"deceased Jaya John was living with mrs. Margret Ignasius (P. W. 3) , the sister of her mother's mother, at Bettiah in order to pursge her studies in St. Teresa Girls high School. The appellant is the brother of Smt. Merry James (RAW. 8) who was also residing at Bettiah along with her husband, james Fidalis (P. W. 9). The appellant is said to have been employed under abha Christian Social Welfare Society of which John Thomas (RW. 16) was the secretary. It is alleged that appellant was removed from service in July, 1991, as his work and conduct was not found satisfactory. It is alleged that on account of such removal appellant bore grudge against john Thomas (P. W. 16) and had declared earlier to take revenge for the same. Appellant along with one Dilip Felix (who also faced trial but has been acquitted) came to his sister's (RW. 8) house af-Bettfah on 31-8-1991 as there was a ceremony of baptism of her (P. W. 8) children scheduled to be held on 8th September, 1991. It is alleged that on 03rd september, 1991 appellant went to the school of the deceased and sought permission from the head-mistress (RW. 7) to take the deceased with him on the pretext that her father was ill but the headmistress (RW. 7) refused such permission. In the evening of 3-9-1991 deceased Jaya john was said to have gone to Church to offer prayers where Gladis @ Poonam (P. W. 1) and Vinita Paskal (RW. 2) had also gone to offer prayer. Appellant also went to the Church premises and when jaya John came out from Church he engaged her in talks and told RWs 1 and 2 that he would be bringing Jaya John home later on. When the deceased did not return to her house P. W. 3 Smt. Margret Ignasius started a search for her and during that course Gladis (P. W. 1) and vinita Paskal (RW. 2) told her that the appellant was talking to deceased and had told that she (deceased) would be coming later on with him. P. W. 3 went to the house of Smt. Merry James (RW. 8) to enquire about the appellant where she was told that the appellant and Dilip Felix had come but they have left and a girl was also with them as was told by Dilip Felix to Smt. Merry James. Thereafter information was sent to the father of Jaya John (deceased) who was a resident of Chanpatia. John thomas also made search for his daughter and he was also told by, Gladis and Vinita Paskal that deceased Jaya was going with the appellant at the Church premises. He also made enquiry-from the headmistress of the School where the deceased was studying and also enquired from the sister of the appellant about the appellant. Thereafter, PW. 16 lodged a report (Exhibit-9) on 4-9-1991 at 3. 10 RM. at the Police Station at Bettiah. On 4-9-1991 a dead body of a girl aged about 11 years was sighted near dakunia bridge under Bargania Police Station, District Sitamarhi and its information was given to Bargania Police Station by pw. 14 Ram Chandra Sahni whereupon hirdayanand Paswan (RW. 18) came to that place and found the dead body. He held inquest on the dead body and sent it for post-mortem examination. RW. 18 seized a pair of slippers from the dead body and prepared a seizure list (Exhibit-2). Dr. Mohan Jha held autopsy over the dead body. As the identity of the girl could not be known, the dead body, after post mortem examination, was burried as there was no claimant. RW. 16 learnt that the dead body was at Sitamarhi whereafter to went to Sitamarhi and identified the dead body and brought the dead body for proper burial. The clothes which were found on the dead body have also been identified by RW. 1, Cladis @ Poonam. The investigation which was going on at Bargania Police Station of District sitamarhi was closed and the papers relating to that investigation was handed over to the Investigating Officer, who was investigating the offence on the information of RW. 16 at the Police Station at Bettiah. "

(3.) Sri Suresh Kumar (P. W. 20) , sub-Inspector of Police, investigated the offence. Later on he handed over the investigation to Sri Purshottam Kumar singh, Sub-Inspector of Police (P. W. 17) who submitted only charge-sheet in the case. The appellant made confessional statement on 7-9-1991 before Sri Satish chandra Sinha, Judicial Magistrate, first class, Bettiah (P. W. 19) who recorded the same in accordance with Section 164 of the Code of Criminal Procedure. The confessional statement of the appellant is Exhibit-10.