STATE OF BIHAR Vs. SHAHID ALI WITH

JUDGEMENT

(1.) ON 1.3.2004 the informant informed the Of -ficer -in -Charge, Nawada P.S., Ara, Bhojpur in writing that one Shahid Khan who works with the informant came to his house at about 11 hours in the day, enquired of his wife regarding him and upon hearing that he has gone to work started talking to his sons, when his wife went inside the house to perform her domestic work.

(2.) It was also informed that after some time his wife could not locate his sons. Sons were three in numbers namely Rahul, aged about 10 years, Golu, aged about 8 years, and Suraj aged about 2 years. It was also informed that in order to search his sons he had gone to the house of Shahid Khan when he was told that the boys had come to the house of Shahid Khan. It was lastly informed that Arjun Singh, son of Kamal Singh, and Sunil Kumar Singh, both residents of Moulabagh had seen Shahid Khan taking the boys with him. On the basis of this information a kidnapping case was registered. On 2.3.2004 Shahid Khan was arrested. On 3.3.2004 Shahid Khan @ Shahid Ali gave his confessional statement before the Police Officer when he disclosed the place of occurrence. Such disclosure resulted in discovery of two dead bodies of two boys namely of Rahul and Golu. After inquest reports were prepared, the dead bodies were sent for post mortem and the Doctors reported that the death in both the cases were caused by injuries inflicted by sharp weapons and thereupon the dead bodies were thrown in the river. Inasmuch as in the confessional statement Shahid Khan @ Shahid Ali disclosed that in the murder he was assisted, amongst others, by his father, Azmat Ali, in the charge -sheet upon, which cognizance was taken, Shahid Ali and Azmat Ali were charged for murder of three children of the informant. At the place of occurrence slippers of one of the victims and of Shahid Ali were found. In the confessional statement Shahid Ali had indicated that inasmuch as informant failed to pay him a sum of Rs. 2200.00, he committed the murders. At the trial Shahid Ali as well as Azmat Ali denied having any connection with the crimes in question. While no evidence was brought on record to suggest that Azmat Ali was present at the place of occurrence at or about the time when the occurrence took place, the fact remains that it was Shahid Ali whose disclosure led to the discovery of the place of murder as well as recovery of the dead bodies. The evidence as were brought on record amply demonstrated that Shahid Ali had taken the children from the house of the informant. The evidence brought on record did not suggest that Azmat Ali too accompanied Shahid Ali at the time when the children were being removed from the house of the informant. At the same time there is nothing on record to suggest that the children were first lodged at the house of Shahid Ali, when Azmat Ali was also present and thereupon the children were taken to the place of murder, when Azmat Ali also accompanied the children. Therefore, apart from the said confessional statement of Shahid Ali, there is nothing on record to suggest that Azmat Ali was also involved in the crime in question. While it was the case of Shahid Ali that Rs. 2200.00 was not paid to him by the informant and while the informant accepted that a sum of Rs. 600.00 was due and payable by him to Shahid Ali, there is nothing on record to suggest that Azmat Ali had any reason to have any grudge against the informant.

(3.) HAVING regard to the fact that Shahid Ali had no motive to commit the ultimate crime of murdering three infants of the age of 10, 8 and 2 years, the reason therefor as has come on record is non -payment of Rs. 2200.00 or Rs. 600.00 due to him by the father of the murdered children. That suggests the terrible state of mind of the person who committed the murder. The act of committing murder of defenceless children for no just reason, but probably to teach the father of the murdered children a lesson for non -payment of his dues suggests that a person of that nature is dangerous to the society. At the same time it cannot be said that the crime as such is rarest of rare, nor it has been brought on record or the sequence of events as narrated above suggest that the crime as was done was preplanned. It was, as appears, spontaneous aimed at taking revenge. It would be appropriate not to award death sentence to Shahid Ali whose case does not come within the exception of rarest of rare, but at the same time he should be kept confined in imprisonment for life, that means without any remission at any point of time, for such a person would always be dangerous to the society and as such he should die his natural death in the jail. At the same time apart from the confessional statement, there is nothing against Azmat Ali and as such there is no just reason to punish Azmat Ali in any manner whatsoever.