STATE OF BIHAR Vs. MUNNA PANDEY

JUDGEMENT

(1.) The appellant was sentenced to death by judgment passed in Sessions Trial No. 581 of 2015 by Sri Janardan Tripathi, learned Additional Sessions Judge - I, Bhagalpur (hereinafter referred to as 'Trial Judge') . Since the appellant was imposed death sentence, in view of Section 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') , it was referred to this Court for its confirmation and thereafter, it was numbered as Death Reference Case No. 4 of 2017. Simultaneously, the appellant, after his conviction and sentence, preferred the present appeal i.e. Cr.Appeal (DB) No. 358 of 2017 under Section 374 (2) read with Section 389(1) of the Cr.P.C.

(2.) By judgment dated 02-02-2017, the sole appellant was convicted for commission of offence under Sections 302 & 376 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') . The appellant by order dated 23-02-2017 under Section 302 of the I.P.C. was sentenced to death and imposed a fine of Rs. 10, 000/- (ten thousand) and in default of payment of fine, he was directed to further undergo imprisonment for six months. Under Section 376 of the I.P.C., he was sentenced to undergo imprisonment for 10 years and to pay a fine of Rs. 5,000/- (five thousand) . In default of payment of fine, he was directed to undergo further imprisonment for three months. However, no sentence was passed under Section 4 of the POCSO Act, whereas, he was already held guilty for the same offence. He has been directed to be hanged till death.

(3.) Short fact of the case is that on 01-06-2015 at about 12:45 PM, fardbeyan of Kiran Devi (P.W.2) wife of Arvind Sah and mother of the victim was recorded by Sub-Inspector of Police-cum-S.H.O. Smt. Rita Kumari of Sabour Police Station. The fardbeyan was recorded in the house of Nawal Kishore Ojha @ Fuchan Pandey. Nawal Kishore Ojha @ Fuchan Pandey is the own brother of the appellant and in the said house, there were two rooms and one room, from where dead body was recovered, was in possession of the appellant. In the fardbeyan, the informant/P.W.2 stated that on preceding date i.e. 31-05-2015, she was in the house of her late sister Shakila Devi in the village Jamunia Parbatta. On the same date at about 12:00 noon, her elder daughter namely Priya Kumari (P.W.3) telephonically informed her that her younger sister (victim) was missing. Thereafter, she immediately moved for Sabour. After arrival in her house in village Sabour, her elder daughter Priya informed her that the victim had gone to watch television in the house of Munna Pandey (appellant) . When she did not return till 11:00 AM, only thereafter, she (Priya) informed the informant.