STATE OF BIHAR Vs. BISHWANATH SINGH

JUDGEMENT

(1.) DEATH Reference No. 17 of 2007 has been referred by the trial Court to the High Court for confirmation of death sentence awarded by Sri umesh Chandra Mishra, Additional District and Sessions Judge (Fast Track Court No. 5), rohtas at Sasaram to appellants, namely, parvati Devi and Bishwanath Singh in sessions Case No. 251/1999/trial No. 83/1999 for the offence under Section 302 of the indian Penal Code (in short, "ipc" ). Besides their conviction and sentence under Section 302 of the IPC, these two appellants have also been convicted under Section 364/34 and Section 201 /34, of the IPC but no separate sentence has been awarded to them since they have been awarded death sentence. Other criminal appeals have also been preferred against the same judgment and order of conviction and sentence by Ram Prit singh (Cr. Appeal No. 1463 of 2007), Raju singh and Rajev Ranjan Singh alias Rajeev ranjan (Cr. Appeal No. 1480 of 2007) and pradeep Kumar alias Pradeep Kumar Singh (Cr. Appeal No. 1481 of 2007 ). For their conviction under Section 302/34, under Section 364/34 and under Section 201/34 of the IPC all these appellants have been sentenced to rigorous imprisonment for life and fine of Rs. 5000/-, for conviction under Section 363/34 they have been sentenced to r. I. for ten years and fine of Rs. 3000/- as well as for their conviction under Section 201/34 of the IPC they have been sentenced to R. I. for three years and fine of Rs. 1000/ -. In case of default in payment of fine the appellants have been directed to undergo simple imprisonment for six months and three months, respectively.

(2.) NANDSHWAR Singh (P. W. 7) is the informant of Kargahar P. S. Case No. 77/95. His fardbeyan was recorded by the Officer incharge of Kargahar P. S. Sri Ram Bharosha das (P. W. 11) on 6-6-1995 at 8. 15 a. m. The fardbeyan discloses that the marriage of arvind Singh younger brother of the informant was going to be solemnized on 6-6-95. On this occasion, his relatives and family members had assembled in the evening of 5-6-1995 and feast was going on in the night of 5/6-6-1995. The wife of the informant Dahrmsheela Devi (P. W. 8) had made her son Vishal aged about two and half years, sleep on the roof of the house after feeding him milk and at least 6-7 children of other family members were also sleeping on the roof of the house of the informant. As about 11 p. m. when P. W. 8 wife of the informant again went to see her child she did not find him on the roof of the house, and search was made here and there; then she informed the informant but the child vishal aged about two and half years was not found. The fardbeyan of the informant discloses that he suspected that some unknown persons had kidnapped his child vishal with intention to kill him. On the basis of aforesaid fardbeyan, Kargahar P. S. Case No. 77/95 was registered under Sec-tion 364 of the Indian Penal Code. The fact of the case discloses that subsequently, on the same day i. e. 6-6-1995 at 6 O'clock in the evening, the dead body of the son of the informant, namely, Vishal was found and sections 302 and 201 of the IPC were added.

(3.) THE police, who arrived at the place of occurrence, during course of investigation, found the dead body of child lying on the platform of Shiv Mandir near the well. It was informed to the Investigating Officer by the villagers that the dead body was found in a well and it was taken out. The inquest report prepared by the Investigating Officer does not show that the dead body was taken out in presence of the Investigating Officer rather it was already on the platform of the shiv Mandir. The dead body of the child was sent for post mortem examination. The post mortem was conducted by Dr. Srikant prasad, (P. W. 10, who was posted as assistant Professor of Skin and V. D. , N. M. C. H. , patna. The post mortem report which has been marked as Ext. 3 discloses that the dead body was received for post mortem at 9. 45 a. m. on 7-6-1995. It was first seen by p. W. 10 at 10. 30 a. m. on the same day and post mortem commenced at 11 a. m. on 7-6-1995. At the time of post mortem examination it was found that the dead body is of male child aged about two and half years. No rigor mortis could be ascertained. The face of the deceased was swollen, abdomen disturbed, greenish coloration of skin on the face and abdomen was found. Blood was found oozing through nostrils but no external injury was found on the dead body. Since on dissection, the cause of the death could not be ascertained by P. W. 10, as such the viscera was presented for forensic examination and it was sent to the Forensic Science laboratory. The report of Forensic Science laboratory has been marked as Ext. 6. Ext. 6 discloses that it was not a case of poisoning as no metallic, alkaloidal, glycosidal, pesticidal or volatile poison could be determined in the dark-brown fluid.