SHEO NATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal by the three appellants, namely, Sheo Nath Rai, Anil Kumar Pandey and Oshiwar Manjhi is directed against the JUDGMENT : and ORDER :dated 24.7.1986 passed by the 1st Additional District & Sessions Judge, Saran, Chapra, in Sessions Trial No. 192 of 1982 arising out of Baniyapur (Janta Bazar) P.S. Case No. 73 of 1982 convicting all the three appellants under Section 302/34 of the Indian Penal Code and sentencing them to undergo R.I. for life. The brief facts of the case are stated below.

(2.) THE informant Moinuddin Khan (P.W. 10), a resident of Village Basdhi, P.S. Janta Bazar (Baniyapur) district Saran about 20 -25 days prior to 10.5.1982 had let out his thrashing machine to one Ram Balak Rai (Master) a resident of Village Dhanesh Chapra and he and his cousin deceased Ekramul Haque used to operate the thrashing machine there and sometime either he or the deceased used to stay in the night in the house of Ram Balak Rai. During that period appellant Sheo Nath Rai used to visit the house of Ram Balak Rai (Master) and he developed friendship with the deceased. Both started visiting the house of each other. The thrashing machine of the informant remained at the house of Ram Balak Rai (Master) for about 12 days and thereafter it was brought by the informant. Even thereafter the friendship and the visits of house of each other between the deceased and appellant Sheo Nath Rai continued. On 9.5.1982 at about 7 P.M. appellant Sheo Rath Rai went to the house of the informant and asked him to call the deceased. The informant called the deceased and the appellant Sheo Nath Rai and deceased thereafter had some talks with them and while leaving appellant Sheo Nath Rai invited the deceased to a dance which was being organised in the Village Basahi by one Ramayan Pandey (not examined) on the occasion of marriage of his daughter. At about 10 P.M. on the same day i.e. 9.5.1982 the informant along with the deceased, Kalamuddin Khan (P.W. 3), Ziaul Haque (P.W. 4) and Abdul Haque (P.W. 5) went at a place towards east of an orchard of Achal Baba where dance was organised and there he saw all the appellants present, who were witnessing the dance by standing in the east south corner of Shamiyana. When they saw the informant and his party the appellant Sheo Nath Rai came near them and took the deceased with him to the place where he was standing from before. After witnessing the dance for two hours, when the informant and his friends wanted to return they asked the deceased to go with them on which the appellants made a request for leaving the deceased for witnessing the dance for some more time. They assured that they themselves would accompany the deceased to his house. On this assurance, the informant and his other friends named above left the place for their respective houses leaving behind the deceased in the company of appellants. On the next day in the morning the informant came to know that the deceased had not returned to his house and he then along with Kalamuddin (P.W. 3) went to appellant Sheo Nath Rai and inquired from him about the deceased but appellant Sheo Nath Rai told that he know nothing about the deceased. Enquiries from other two appellants were also made by the informant but they also told that they know nothing about the deceased. The informant continued search for the deceased and during this course he came to know from one Bhuwar Raut alias Dina Nath Raut (P.W. 9) a resident of his village that when he was returning to his house after witnessing the dance he had seen the deceased along with appellants going towards a Pakhra (Pond) situate near the Bathan of one Sipahi Mahto. The informant thereafter went to the place where the dance had been held and inquired from a number of persons about the deceased but he could not get any clue and lastly one Jag Narain Pandey (not examined) who used to sleep in the night near Pakhara, told him that he had seen blood stain on a place two bighas east from the pond and he had also seen there a pair of hawai chappal (footware slipper) and a glass of wrist watch. The informant thereafter along with Jag Narain Pandey and others went to the place pointed out by Jag Narain Pandey and he also saw blood spots on the ground, a pair of hawai chappal, which he identified to be of the deceased, and a blood stained knife. The informant then became convinced that the deceased had been killed and in the meantime a number of villagers assembled there, who by entering into the pond tried to locate the dead body of the deceased, but it was not found and the informant then got his fardbeyan (Ext. 4) recorded by H.P. Tiwary (P.W. 15). On the basis of fardbeyan Baniyapur (Janta Bazar) P.S. Case No. 73 of 1982 under Sections 364/302/201/34 I.P.C. was registered against all the three appellants. During the course of investigation dead body of the deceased was recovered on 11.5.82 from southern bank of a river known Gandaki river situate North of village Mirzapur and inquest report (Ext. 8) was prepared. Haribanshpati Tiwary (P.W. 15), the I.O. also seized a blood stained knife (Material Ext. I), a pair of hawai chappal (Material Ext. III), a lungi and bushirt from the dead body (Material Exts IV and V, respectively and an old under -wear with black spot and blood like stains (material Ext. II) from house of appellant Oshiwar Manjhi. After investigation charge -sheet against all the appellants under Section 364/302/201/34 I.P.C. was submitted and cognizance of this case was taken by the Chief Judicial Magistrate, Chapra and he committed the case to the court of Sessions where all the three appellants were put on trial for the charge under Section 302/34 I.P.C. and they were convicted and sentenced as indicated above.

(3.) THE case of the appellants is of complete innocence and false implication. It has been urged on behalf of the appellants that in this case prosecution has not even whispered about any motive on their part for committing the murder of the deceased and on the contrary it is the case of the prosecution that deceased was having friendly terms with the appellants.