STATE OF BIHAR Vs. SIKANDER ANSARI WITH

JUDGEMENT

(1.) BY the judgment under appeal the learned Additional District & Sessions Judge, FTC No. -5, Rohtas at Sasaram has convicted the sole appellant under Sections 302, 364, 376 and 201 of the Indian Penal Code (hereinafter referred to as IPC) and awarded death sentence for the offence under Section 302 IPC and in that view of the matter has not awarded any separate sentence for the other offences. He has also made a reference under Section 366 of the Code of Criminal Procedure for confirmation of the death penalty. The Reference and the Criminal Appeal preferred by the appellant have been heard together and will be governed by this common judgment. In the night between 5th and 6th March, 1999 a musical programme described as Chaita was organized in Pathantoli of village, Koath, PS -Dawath, District -Rohtas.

(2.) The programme started at about 10:00 P.M. near the house of the informant, Abdul Bari Khan (PW -5) who is father of the deceased girl, Guria aged about five years. There was a gathering of about 60 -70 persons, all of the same village. At about 12:30 in the night the informant want to sleep in his house. His daughter, Guria went out to hear the programme and sat with women folk. At about 1:30 in the night a commotion took place on account of crying sound of a child from south of the house of a co - villager, Nanhak Sao situated in the east of the village. Even on search the informant could not locate his daughter. The information regarding cries of the child was given by Chandrama Yadav (PW -6). On this information 8 -10 villagers went towards the east and near bushes they heard the crying sound and a search started in and around the bushes. Allegedly, the appellant Sikander Ansari stood up amongst the bushes and threatened Chandrama Yadav to return otherwise he will shoot him. On this, the villagers fled away and the informant also came back to his house. Thereafter with his family members and more villagers he began a search but nothing could be found. In the morning of 6.3.1999 from bushes across the canal a pink half pant of his daughter was found. Thereafter, the villagers came to know that Sikander Ansari has lifted the deceased child. Many persons of the village with a view to help the informant went to the house of the appellant. There they met father of the appellant and enquired about him and the missing child. The appellant 'sfather gave a terse and laconic reply that "as you have done so you will get, you may quarrel".

(3.) IT appears that on hearing rumours, in the morning of 7.3.1999 at about 9:00 hours the Officer Incharge of Dawath PS, Arun Kumar Kesari (PW -8) reached the place of occurrence and recorded the Fardbeyan of informant to the aforesaid effect. On that basis the formal FIR of Dawath PS Case No. 12 of 1999 was recorded at 14:30 hours and investigation was conducted by PW -8, Officer Incharge himself. On 7.3.1999 at 9:45 A.M. the I.O. seized pink colour half pant of the victim girl and prepared a seizure list (Exhibit -9) witnessed by two persons including PW -4. On 8.3.1999 he seized a blue colour small frock of the victim girl and prepared another seizure list (Exhibit -9/1) which was witnessed by the informant and another person. He inspected the place of occurrence i.e. the place where Chaita was being performed. The place was a junction of main road and two galis. On the east of that place was the house of the informant intervened by the house of one Shakeel Khan. Dead body of the victim girl was found out at about 8:00 P.M. on 9.3.1999 at a distance of about 100 yards from Pathantoli in a Government Baha (Water Channel) in which there was some water. The dead body was without clothes and smeared in mud. He prepared inquest report (Exhibit -8) and sent the body for post mortem examination. According to I. O. the dead body showed blood coming out of the mouth and also from the private parts and it appeared that the girl had been killed by pressing of neck after rape. After recording the statement of witnesses and completing investigation the I.O. submitted charge -sheet against the appellant and his father who has been ultimately acquitted by the judgment under appeal.