AMAR KANT PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the Appeals arise out of judgment of conviction and sentence passed by learned Adhoc Additional District & Sessions Judge -cum- F.T.C. 3rd , Buxar in Sessions Trial No. 240 of 2010. Cr. Appeal (D.B. ) No. 1170 of 2012 has been preferred by the aforesaid three appellants against the judgment of their conviction and sentence whereas Govt. Appeal ( D.B. ) No. 8 of 2013 has been preferred by the State for enhancement of sentence. In the Government Appeal a prayer has been made for enhancement of sentence of the three convicts from life imprisonment to death sentence. Cr. Appeal (D.B.) No. 1170 of 2012 was admitted on 04.01.2013 . While admitting lower court record was summoned and prayer for bail of three appellants was rejected and they are still in custody . Govt. Appeal (D.B. ) No. 8 of 2013 was admitted on 18.02.2013. While admitting notice was issued to respondent nos. 1 to 3 and it was directed that this Appeal will be heard along with Cr. Appeal ( D.B. ) No. 1170 of 2012 and as such both the Appeals were heard together and are being disposed of by this common judgment.

(2.) Three appellants in Cr. Appeal (D.B.) No. 1170 of 2012 who are respondents in Government Appeal ( D.B.) No. 8 of 2013 by judgment dated : 29.05.2012 were convicted under Section 302/201/34 of the Indian Penal Code , 1860 ( hereinafter referred to as the "I.P.C.") and by order dated- 05.06.2012 under Section 302/34 of the I.P.C. they were sentenced to undergo imprisonment for life and to pay a fine of Rs. 10000 /- each. In default of payment of fine they were directed to further undergo simple imprisonment for one month. Under Section 201 / 34 of the I.P.C. all the three appellants were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/- each. In default of payment of fine they were directed to further undergo simple imprisonment for fifteen days. Both the sentences were directed to run concurrently. The judgment of conviction and sentence was passed by Sri Bhanu Pratap Singh , learned Adhoc Additional District & Sessions Judge- cum -F.T.C. 3rd , Buxar [ hereinafter referred to as the "trial judge"] in Sessions Trial No. 240 of 2010 {arising out of Buxar ( M) P.S. Case No. 141 of 2010}.

(3.) Short fact of the case is that on 27.06.2010 at 8.00 in the morning Sub - Inspector of Police Sri Ram Pratap ( P.W. 20) of Buxar (M) Police Station recorded fardbyan of Chaukidar 4/5 Sri Gupteshwar Paswan ( P.W. 6). The fardbyan was recorded on Jagdishpur - Mahdah pitch road. In the fardbyan the informant disclosed that on the same day i.e. on 27.06.2010 at 7.30 A.M. in the morning on rumor he got information that in village -Jagdishpur on the village road which was going from Jagdishpur to Mahdah on Eastern side ditch a dead body kept in a bag was found . After getting such information the informant with another Chaukidar No. 4/4 Ramdhin Yadav ( P.W. 14 ) rushed to the place of occurrence and saw that on the road side in a ditch a dead body in bag was thrown. After opening the bag they could gather that the dead body was of a male person aged about 40 years. The head was chopped from the trunk and face was defaced by sharp cutting weapon. Both hands from shoulder were separated by cutting. Both the legs from thigh were separated by cutting and both the thighs were separated by cutting from the trunk. The body portion below the neck and above the waist i.e. stomach, back and chest was found missing. The informant and nearby other villagers tried their level best to identify but the dead body could not be identified. The informant stated that some unknown accused persons had brutally killed a young person by sharp cutting weapon and after cutting the parts of the body it was tied in a bag. With a view to disappear the evidence it was thrown in the ditch on the road side. The said fardbyan was read over to him and after finding it correct the informant put his signature. On the basis of the said fardbyan on 27.6.2010 at 10.30 A.M. a formal F.I.R vide Buxar (M) P.S. Case No. 141 of 2010 was registered under Sections 302 / 201 of the I.P.C. against unknown accused persons . Immediately thereafter it was noticed by the Investigating Officer that one another bag containing trunk portion of a dead body was found by Buxar Industrial Police Station. After preparing inquest report Police investigated the case and during investigation involvement of aforesaid three appellants was found true and as such on 05.08.2010 charge sheet was submitted against three appellants under Section 302 /201/ 34 of the I.P.C. On 07.08.2010 the learned Chief Judicial Magistrate, Buxar took cognizance of offences and on same day the case was committed to the court of Sessions and it was numbered as Sessions Trial No. 240 of 2010. On 08.10.2010 charges were jointly framed against all the appellants under Section 302 / 34 and 201 / 34 of the I.P.C. in which they denied the charges and claimed to be tried. All the three appellants are full brothers and sons of Late Srikant Pandey.