NANDDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal appeal by the nine appellants is directed against the judgment and order dated 8-8-1989 passed by Sri. J.K. Prasad, VIth Additional Sessions Judge. Palamu. In S.T. No. 146 of 1988 whereby and whereunder he has convicted them under Section 302 read with Section 149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life on account of murder of Tapeshwar Singh and he further convicted them under Section 201 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for four years for causing disappearance of the evidence of murder. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case in brief as made out in the First Information Report (Exhibit 3), is as under: On 3-10-1987, around 7 p.m., Tapeshwar Singh the deceased elder brother of the informant. Dhaneshwar Singh (P.W.1) returned home after fishing from Jharna Nala and as soon as he kept the collected fish and came out in his courtyard all of a sudden the appellants, co-accused Satan Singh, Bachan Singh, Kharidan Singh and Indradeo Singh (who died during the pendency of the trial) came there, uttered to teach him lesson for fighting litigation, assaulted and forcibly took him towards Turidih Dam. At that time appellants Nanddeo Singh, Suresh Singh, Raman Singh and Indradeo Singh, since deceased were armed with Gandasa, whereas the other - accused were armed with Lathi. After some time the informant went to Turidih Dam and found copious blood marks and mark of dragging but being alone he could not track down the marks towards the jungle. Instead- he went to village Batat to inform about the alleged occurrence to Arjun Manjhi the Chowkidar, but could not meet him. Thereafter, he went to village Nimdih and narrated the incident to Rajmohan Singh the Mukhiya (P.W.7), and stayed over-night at his house. On the next morning the Mukhiya advised him to report the matter to the police station and assured him to search for the dead body of Tapeshwar Singh in the jungle. Accordingly. Dhaneshwar Singh accompanied by Ram Chandra Oraon his co-villager went to Latehar Police Station on 4-10-1987, and at about 8.30 a.m. lodged the First Information Report (Exhibit 3), on the basis of which the present case was instituted. The motive alleged for the murder of the deceased by the accused persons is the old civil litigation pending in the Courts at Daltonganj and Ranchi between the parties and 20-10-1987 was the date fixed for evidence in the case at Ranchi Court.

(3.) In course of investigation, P.W. 9 (Benjamin Kindo), Police Officer, visited the spot and seized blood-stained earth from near Turidih Dam and an abandoned plastic shoe from nearby field under seizure list (Exhibit 4), some blood-stained earth from near Rewaiya Ahra, vide, Exhibit 4/2 and he effected recovery of the submerged dead body of deceased Tapeshwar Singh on 4-1 01987 at 12.30 p.m. from Rewaiya Ahra, which is at a distance of about 2 kms. to the West to Turidih Dam, with a big bolder tied around his body with his Lungi, and he seized the Lungi and the bolder as well as another plastic shoe on the spot (vide, Exhibit 4/2). He held inquest over the dead body of Tapeshwar Singh (Exhibit 5 is the inquest report), and sent the dead body to Sub-divisional Hospital, Latehar, for post-mortem examination and after completion of investigation chargesheet was laid in the Court against the accused persons.