STATE OF BIHAR Vs. RAJ KUMAR CHOUDHARY

JUDGEMENT

(1.) This appeal has been preferred by the sole appellant-Raj Kumar Choudhary who has been found guilty of the offences under Sections 364, 302 and 201 of the Indian Penal Code, 1860 by the 2nd Addl. Sessions Judge, Gopalganj, in S.T. No. 348 of 1997. The learned Addl. Sessions Judge while sentencing the appellant to death under Section 302 of the Indian Penal Code has not passed separate sentences for the offences under Sections 364 and 201 of the Indian Penal Code, 1860. The judgment and order of the Addl. Sessions Judge, Gopalganj, dated 24-7-98/ 27-7-98 has been impugned in the appeal. We have also before us death Reference No. 7 of 1998 which has been made by the trial Court for the confirmation of the Death Sentence imposed upon the appellant.

(2.) The occurrence giving rise to the instant appeal is said to have occurred at about 12 in the night of 18th May, 1997 in which, according to the prosecution, the appellant snatched away the minor child of the informant while she was sleeping outside her house and later killed the child. Though the appellant was chased by the villagers, he made good his escape, and on the following morning when confronted by the villagers, while promising to bring back the child, he again escaped. The fardbeyan was lodged by the informant at 8.20 a.m. on 19-5-1997 at police station Thawe, complaining against the appellant that he had snatched away the minor child of the informant, who suspected that the child may be killed by him. The cause for the occurrence was the rejection by the informant, a widow, of the amorous advances made by the appellant. In the afternoon of 19th May 1997, the cowherds grazing their herds of cattle saw blood stains near the Satnaria Nala, and from place where newly-dug earth was noticed, the body of the victim child was exhumed in the presence of the witnesses including P.W. 15, the Deputy Collector, Land Reforms, who was deputed for the said purpose and under whose supervision the dead body was exhumed. After the investigation, the appellant was charged of the offences under Sections 302,364 and 201 of the Indian Penal Code, 1860 and put up for trial before the second Additional Sessions Judge, Gopalganj.

(3.) At the trial, the prosecution examined as many as 21 witnesses. Out of them four are eye-witnesses, namely, P.Ws. 2, 3, 4 and 7. The evidence of three other witnesses is of corroborative nature since they had heard of the kidnapping on the following morning. These witnesses are P.Ws. 8, 14 and 19. The prosecution has also tendered for cross-examination seven witnesses, namely, P.Ws. 9, 10, 11, 12, 17, 18 and 20 . Apart from P.W. 15, D.C.L.R. several other witnesses also witnessed the recovery of the body from a ditch at the Satnaria Nala. Those witnesses are P.Ws. 1, 17, 13, 15, 16 and the Investigating Officer (P.W. 21). P.W. 5 is the doctor who performed the post-mortem examination on the dead body of the deceased, while P.W. 6 is another doctor who was the observer when the post-mortem examination was conducted.