STATE OF BIHAR Vs. NEERAJ KUMAR

JUDGEMENT

(1.) THE Death Reference is in respect of the six accused who have been tried together and convicted for the offence under Sections 364 (A), 302, 201 and 120 (B) read with Section 34 of the indian Penal Code. Accused Gorakh Singh alias Gorakh Nath Singh has been sentenced to death for the offence under Section 302 read with 120 (B) of the Indian Penal Code whereas the remaining five accused have been sentenced to death for the offence under section 364 (A) of the Indian Penal Code. No separate sentence has been awarded to them for other offences. Accused, Gorakh singh alias Gorakh Nath Singh and his son, accused Sunny alias Sunny Deol have jointly preferred Cr. Appeal No. 1216 of 2007 whereas the remaining four accused, ravindra Kumar alias Ravindra Kumar singh, Ravi Chor alias Ravi Rai, Neeraj kumar and Santosh Kumar alias Loha have preferred separate Criminal Appeals bearing no. 1085, 1173, 1194, and 1275 all of 2007 respectively. The Death Reference and the Criminal Appeals have been heard together and are being disposed of by this common judgment.

(2.) THE prosecution case, as disclosed in the written report (Ext-1) of Sudhir Kumar sinha (PW-1) lodged on 22-9-2004 at 7. 00 a. m. is to the following effect:-Informant's son, Sumit Kumar aged about 13 years, on 21-9-2004 went on a bicycle to his school, BMP High School, Phulwarisharif from his house. Sunny, son of Gorakh Singh met in the school at about 1. 00 p. m. and told him that a cricket match is to be played for which a ball will be given by Ravindra singh son of Ramnath Singh and for that sumit should accompany Sunny. Sumit left the school with Sunny at about 1. 30 p. m. He was kidnapped by Ravindra Singh and his gang with wrong motives. When Sumit did not return to his home till about 6. 00 p. m. then efforts were made to search him. In the night at 8. 00 p. m. a Station diary (sanha) was recorded. In the morning at about 5. 00 a. m. accused, Sunny was seen and was apprehended by the general public which informed the police. Sunny on being apprehended accepted his guilt and disclosed that Sumit had been murdered. Thereafter, police recovered the dead body of Sumit from the side of railway line and his school bag was also recovered. The informant claimed that Sunny, Ravindra Singh and their gang men had kidnapped Sumit and with a view to destroy evidence and with bad intentions they committed murder of sumit. On the dead body of Sumit there were marks of injury. Blood had flown from nose and ears. There were burn marks caused by cigarette and acid. Ravindra Singh and sunny reside in Adarsh Nagar Colony where the informant resides.

(3.) ON the basis of the written report of sudhir Kumar Sinha, Phulwarisharif P. S. Case No. 649/04 was instituted on 22-9-2004 at 11. 15 a. m. The FIR was sent to the court and seen by learned Chief Judicial magistrate, Patna on 23-9-2004. The case was investigated by Anand Prakash Singh, inspector of Police, then posted as Officer incharge, (PW-18) and he was assisted by sub Inspector, Arun Kumar (PW-16) who at the relevant time was posted as Sub inspector in Phulwarisharif Police Station. PW-16 has admitted that in the evening of 21-9-2004 at about 8. 30 while he was on patrolling duty in the evening special mobile, he received wireless information about the missing of Sumit but no clues could be found in the evening. Next day, in the morning at about 7. 00 a. m. , on receiving information from father of Sumit (Sudhir Kumar Sinha, pw-1) that residents of Mohalla (Colony) had caught Sunny and were assaulting him and that Sunny had admitted the kidnapping of sumit which had created anger amongst the people, he went with force and took Sunny in custody. After making the crowed peaceful he began to interrogate Sunny. He admitted his involvement and disclosed that with the help of his friends he had murdered sumit. The confession (Ext-4) was recorded by PW-16. As disclosed by Sunny Police went 500 yards east of Phulwarisharif station and from north of the railway line and about 10 yards south to boundary wall of airport, from bushes the dead body of Sumit was recovered. It was without any clothes. There were plenty of bushes all around and ants had encroached all around the dead body. According to PW-16 he had recorded the confession of Sunny as per directions of Officer incharge of Phulwarisharif P. S. , PW-18 and participated in further investigation as per his orders.