NARESH BHUIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS death reference case and criminal appeal arise out of the same judgement and order passed by Sri Dhruvdeo Pandey, 3rd Addl. Sessions Judge, Dhanbad in Sessions Trial no.29/95 convicting the appellant under sections 302/201 IPC and sentenced him to death for the offence under section 302 IPC and also sentenced him for four years rigorous imprisonment under section 201 IPC. The learned Sessions Judge has made reference of the case for confirmation of the death sentence. The case of the prosecution in brief as stated that the informant Rukwa Bhuin was sleeping in the night of 30.6.94 at her Darwaza after taking meal with her son Birju (deceased). Her husband Rajendra had gone to his duty. It is further alleged that the appellant, Naresh Bhuiyan came at her Darwaza two times at about 10 P.M., but he left. Thereafter she, alongwith her son, slept there. Her husband, Rajendra came in the night at about 1 A.M. from the duty and she was awakened. She did not find her son, Birju, aged about eight years at that place and she enquired about her son from her husband. Thereafter she started searching her son in her house and in the house of her sister, Chamelwa, but her son, Birju was not traced and she, alongwith her husband and sister started searching her son. It is further alleged that in the morning at about 7.30 A.M. one Sitwa, the daughter of her sister who went for easing in the side of bush, came and informed that the dead body of Birju is lying in the ditch. Then they rushed to the spot and found the dead body of Birju whose neck was found to be cut. According to her, one knife and one blanket were found lying at the place of occurrence. It is also alleged that the deceased, Birju and Ishwariya, son of Naresh Bhuiyan (appellant) were playing in the last month of 'Kartik ' when Ishwariya sustained injuries in her eyes which was caused due to throwing arrow by Birju and Naresh was demanding money for treatment of the eyes of Ishwariya and for which Naresh, the appellant was also threatening for dire consequences. It is further alleged that Naresh Bhuiyan the appellant committed murder of her son, Birju out of vengeance and the dead body was thrown in the ditch. The FIR was lodged against the appellant for the offences under section 302 and 201 IPC and the police investigated into the case and submitted the chargesheet against the appellant.

(2.) THE case was committed to the court of sessions. The appellant appeared before the Sessions Court and the charges under section 302 and 201 IPC were framed to which the appellant denied the charges. The witnesses were examined in the lower court. After hearing both sides and considering the evidence on record the learned court below convicted the appellant for the offences under section 302 and 201 IPC and sentenced him in the manner aforementioned.

(3.) THE sole question arises for determination as to whether the prosecution has been able to establish the charge against the appellant beyond all reasonable doubts.