DINESH MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Suraj Narain Yadav, learned counsel assisted by Sri Upendra Kumar Choubey, learned counsel for the appellants and Sri Ajay Mishra, learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction dated 23.01.2012 and Order of sentence dated 25.01.2012 passed by Additional Sessions Judge, FTC-II, Madhubani in Sessions Trial No. 487 of 2010 arising out of Andharamath P.S. Case No. 19 of 2010 whereby the learned trial court convicted the accused Dinesh Mukhiya for the offence punishable under Sections 376, 302 and 201 read with Section 34 of the Indian Penal Code and Harihar Mukhiya under Sections 302 and 201 read with Section 34 of the Indian Penal Code and sentenced Dinesh Mukhiya to undergo R.I. for life under Section 302/34 of the Indian Penal Code, R.I. for five years under Section 201/34 of the Indian Penal Code and R.I. for ten years under Section 376 of the Indian Penal Code and sentenced Harihar Mukhiya to undergo R.I. for life under Section 302/34 of the Indian Penal Code and R.I. for five years under Section 201/34 of the Indian Penal Code. All the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Andharamath P.S. Case No. 19 of 2010 was instituted under Sections 376 and 302/34 of the Indian Penal Code against the accused Dinesh Mukhiya and Harihar Mukhiya on the basis of the fardbeyan of Sikandar Mukhiya, S/o Ramadhin Mukhiya recorded by S.I. Nirmal Kumar Paswan, S.H.O., P.S. Andharamath on 20.05.2010 at 09:15 PM at Dharhara Bhatta Tole with the allegation in succinct that his co-villager Dinesh Mukhiya had taken Radio of his niece namely Sinki Kumari 3-4 days back. In the evening of 18.05.2010, Sinki Kumari had gone to the house of Dinesh Mukhiya to take back her radio and she is missing since then. He started making search of his niece along with his family members, villagers and Dinesh Mukhiya, but Dinesh Mukhiya used to misguide them. On mounting pressure by the villagers, Harihar Mukhiya fled away from his house while Dinesh Mukhiya confessed about strangling Sinki Kumari to death and dumping her dead body in Ziroga Sareh. Then he arrived at the said Sareh along with the villagers and found the dead body of Sinki Kumari with both hands severed. Fowl smell was bellowing from the dead body. He informed the matter to the police.