STATE OF BIHAR Vs. MANGAN THAKUR @ AMIT KUMAR THAKUR, KEDAR THAKUR AND GOLHA THAKUR @ DHIRENDRA KUMAR THAKUR

JUDGEMENT

(1.) THE death reference and the appeal are against the judgement of conviction and sentence dated 15.12.2008 of the 3rd Additional Sessions Judge, Naugachia (Bhagalpur) in Sessions Trial No. 743 of 2005 whereby all the three convicts have been convicted under Sections 302, 364A, 120B and 201 IPC. Each of the three appellants has been sentences ¦ to. death under Section 302, 364A and 120B IPC. No separate sentence was passed under Section 201 IPC.

(2.) THE prosecution case as per the fardbeyan lodged by the informant, namely, Sanjay Kumar Thakur(P.W.7) was that his son Sanu @ Samarjit Thakur aged 9 1/2 years, who was a student of class IVth, had gone out towards fields in the eastern side with Mangan. Thakur (appellant) aged 18. years, but he did not come back. In, course of search, when the informant questioned Mangan Thakur about Sanu @ Samarjit he (Mangan Thakur)stated that he had taken Sanu @ Samarjit to Kalu Chak and had handed him over to Mangla Harijan and Mangan Harijan. When the informant proceeded towards Kalu Chak with Mangan Thakur, Magan Thakur slipped out on some pretext. The informant alleged that Mangan Thakur, Mangan Harijan and Vijay Singh @ Vijaya had kidnapped his son for ransom. In course of investigation it also appeared to be the further case that Mangla Thakur was apprehended from his Nanihal and he confessed that he along with Golha Thakur @ Dhirendra Thakur had taken Sanu @ Samarjit away and had killed him and had thrown the dead body in a bush near the house of Birendra Jha. This information was passed on to Gopalpur police. The Gopalpur police is also said to have apprehended Kedar Thakur who is said to have made similar confession as that of Mangan Thakur. It is further said that the police recovered the dead body consequent upon the confessions.

(3.) IN course of hearing we noticed that as amongst other evidence the most striking part of the evidence was that the two convicts namely, Mangan Thakur and Kedar Thakur, had confessed before police and the villagers and their confessions led to the recovery of the dead body. This part of the evidence has been relied upon by the learned trial court for basing the conviction.