RAJ KUMAR PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27-4-1996 and order dated 30-4-1996 in S.T. No. 5 of 1994 passed by Sri Sreeprakash Rai, the then Addl. Judicial Commissioner, Ranchi, whereby and whereunder the appellants, namely, Raj Kumar Pandit and Naimuddin Ansari, have been convicted under Sections 364/34 and 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for ten years and for life, respectively, on such counts. However, both the sentences have been ordered to run concurrently.

(2.) Briefly put, the prosecution case, is as under : On 3-7-1993, around evening, Sima Kumari, the seven-year old daughter of the informant, Bhukhli Devi (P.W. 3) was playing in HMG Colony (G. Type) of ACC at Dhawra, within P. S. Khelari, district Ranchi, with Sita Kumari (P.W. 1), the minor sister of co-accused Sibu Ganjhu. While Sima Kumari, the deceased, was playing, she disappeared and did not return home. On search and enquiries, the informant (P.W. 3) could come to know from Sita Kumari (P.W. 1) and Phulwa Devi (P.W. 2) that a short while ago Sibu Ganjhu, the co-convict had lifted away Sima Kumari and when on that night, Sibu Ganjhu did not reach her home, the informant became suspicious and she started hectic search to trace the whereabouts of missing Sima Kumari. Ultimately, on 6-7-1993 with the help of Somra Oraon, Binod Ganjhu (P.W. 7) and some boys, all villagers of the informant, apprehended Sibu Ganjhu, the co-convict, from the place known as Ojha-Sarang, within P.S. Chanho, and brought him to ACC, G.Type, Dhowra Colony, and in presence of the informant and the villagers, he made extra-judicial confession to the effect that in conspiracy with the accused/appellants he haddecoyed/lifted away Sima Kumari on the pretext of feeding her with Bread and with their assistance, he had done her to death in a secluded place at ACC, Khelari Magizine Forest and on his pointing out, the skeleton remains of deceased Sima Kumari were recovered from the forest. The skeleton remains were identified by the informant /mother with the help of bangles and clothes, lying nearby to be the dead body of her daughter (Sima Kumari). It is further alleged that Sibu Ganjhu disclosed that due to enmity with the father (P.W. 4 /Arjun Bhuian) of the deceased, he in association with the appellants/accused had kidnapped and done her to death by strangulation in the forest.On 6-7-1993, at about 4.45 pm. the informant lodged the written report about the occurrence with the Officer-in-charge of Khelari Police Station (Exhibit 2/1). On its basis, the present case came to be instituted, investigation was commenced and on completion of investigation, charge-sheet was laid in Court against the accused persons.The case was, ultimately, committed to the Court of Session by the then Judicial Magistrate, Ranchi, on 4-1-1994.

(3.) The main defence of the appellants is of innocence and false implication.