MUKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, who was convicted and sentenced in Sessions Trial No. 307 of 2011/230 of 2011 (arising out of Nawada Town P.S. Case No. 419 of 2011), has preferred the present appeal under Sections 374(2) r/w Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'). The appeal was admitted on 19-07-2013, however the prayer for bail was rejected and appellant is still in custody.

(2.) The appellant by judgment dated 18-01-2013 was convicted for offence under Sections 302/34, 201 and 411 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). By order dated 18-01-2013 under Section 302/34 of the I.P.C., he was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- (ten thousand). In case of default in payment of fine, he was directed to further undergo rigorous imprisonment for one year. Under Section 201 of the I.P.C. by the same order i.e. order dated 18-01-2013, he was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- (five thousand). In case of default in payment of fine, he was directed to further undergo rigorous imprisonment for six months and under Section 411 of the I.P.C., he was sentenced to undergo rigorous imprisonment for one year. All the sentences were directed to run concurrently. The appellant was convicted and sentenced by Sri Bimal Kumar Sinha, learned Additional Sessions Judge (Adhoc), - III, Nawada (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 307 of 2011/230 of 2011.

(3.) The case has been initiated on the basis of fardbeyan of Upendra Kumar, son of deceased Dr. Kameshwar Prasad. Though, it was fardbeyan of Upendra Kumar, on the top of the fardbeyan, the Sub-Inspector of Police N.P.Singh (not examined) has mentioned, as if, he was recording fardbeyan of one Rabindra Kumar. However in the body of the fardbeyan, informant's name is Upendra Kumar (P.W.3) and he has also put his signature on the bottom of the fardbeyan. The fardbeyan was recorded on 04-09-2011 at 9:00 AM. Upendra Kumar (P.W.3) gave fardbeyan in front of dead body of his father Dr. Kameshwar Prasad on the eastern bank of Sakri river on the metalled road, which was going towards village Ghostawa. He disclosed that his father was a homeopathic doctor. He was running his clinic in a rented house in Kadirganj market and every day, he used to leave house at 8 hrs. in the morning for Kadirganj and in night in between 7-8, he used to return his village Ghostawa after closing his clinic on foot. His father was completely disabled with his hands and leg and one eye. On the previous date i.e. 03-09-2011 in the night till 9:00 hrs. his father had not returned, then the informant from his house went to Kadirganj at clinic of his father and found that shutter was closed and his father was not present. Thereafter, he returned back. He explained that his father sometimes after having meal and drink used to remain somewhere else and due to this reason, he thought that his father might had stayed somewhere else. In the morning on 04-09-2011 he went on the bank of Sakri river for his usual morning run, then at 5.00 hrs in the morning he saw Mukesh Kumar (appellant), who was trying to conceal blood mark, which was on his T-shirt by his arm. At that very time, from Kadirganj market he received a call on his mobile and an information was given to him that shutter of his father's shop was open. After hearing this, he immediately rushed to his shop in Kadirganj market, where he saw that shutter of clinic was open. He inquired from the neighbours in respect of his father. He searched the shop and when he returned back, then he saw that appellant Mukesh had already disappeared. After returning, he had a discussion with his family members, then he gave information to Kadirganj O.P. and only thereafter, police arrived there and started inquiring the matter. At that very time, his family members and others, who were searching his father, also arrived their and intimation was given that near the bank of Sakri river by the side of road going towards Ghostawa in the river, his father's dead body was lying. The informant when reached there, then he noticed that his father was murdered and his dead body was thrown in the river. At the same place, while inspecting, a piece of stone having mark of blood was found and on the bank of the river, one pair of plastic slipper was found. The informant claimed that he identified the said slippers to be slippers of Mukesh Kumar (appellant). Thereafter, he came to conclusion that his father was done to death by the appellant with his other associates by use of stone and this was the reason that the appellant was trying to conceal the blood mark, which was on his T-shirt. The informant further disclosed that with family of Mukesh Kumar (appellant), there was old animosity. The informant claimed that while his father (Dr. Kameshwar Prasad) was going to his house after closing his clinic at Kadirganj market, at isolated place due to old animosity, Mukesh Kumar (appellant) with his other associates had killed his father by use of stone. The fardbeyan was read over to him and after finding it correct, he put his signature on the fardbeyan. As a witness to the fardbeyan, one Brajesh Kumar (not examined) also put his signature.