STATE OF JHARKHAND Vs. SAIYAD RIZWAN ALIAS SONI

JUDGEMENT

(1.) In Sessions Trial No. 66 of 2000, learned 1st Additional Sessions Judge, Jamshedpur, vide judgment and order of conviction and sentence dated 8/03/2001 and 13/03/2001 respectively, convicted accused Saiyad Rizwan alias Soni and Chaitali Bhowmick alias Shehnaz alias Sontu R. I. for five years u/S. 201, I.P.C., R. I. for five years u/S. 468, I.P.C., R. I. for five years u/S. 420, I.P.C., R. I. for three years u/S. 380, I.P.C. and R. I. for two years u/S. 411 read with Sec. 34, I.P.C., all of which are to run concurrently. In respect of the offence punishable u/Ss.302 read with 34, I.P.C., both the accused have been awarded capital sentence. The Death Reference No. 1 of 2001 was listed for determination as to whether it is to be confirmed or not. A separate Criminal Appeal No. 127 of 2001 has been preferred by accused Saiyad Rizwan alias Soni and Chaitali Bhowmick alias Shehnaz alias Sontu, which was also heard along with the above Death Reference.

(2.) The case of the prosecution is that the informant Dr. Anupam Roy is maternal uncle of accused Chaitali Bhowmick alias Shehnaz alias Sontu, a Medical Practitioner at Ghatshila, Sub-Division of District-East Singhbhum. The informant's mother Anita Roy, aged about 68 years, brother-in-law Subhendu Bhowmick, aged about 57 years, sister Lucky Bhowmick, aged about 57 years, sister's son Kalyan Bhowmick and sister's daughter Chaitali Bhowmick alias Sontu, aged about 25 years, were residing in a house, located at Ghorabandha, P.S.-TELCO (Govindpur). Subhendu Bhowmick, brother-in-law of the informant, was an employee of TELCO in its Forge Department. The informant was reluctant to visit the house at Ghorabandha for one of the reasons, being bad character of Chaitali Bhowmick. The informant runs a Clinic at Ghatshila, known as 'Roy Clinic' and his wife Anuradha Roy used to reside at Lucknow along with the children, she being a teacher at Lucknow. The informant used to send money to his mother Anita Roy off and on and in the middle of April, 1999, he sent Rs. 500.00 to his mother Anita Roy through a person, who returned from Jamshedpur and informed him (informant) that his Ghorabandha house was locked. As the brother-in-law, sister and family members of the informant used to go on tour, the informant did not try to know about his mother. On 20/05/1999 a friend of Kalyan Bhowmick (Bhagini of the informant) reached the Clinic of the informant at Ghatshila and informed that the Ghorabandha house was locked and Kalyan, his parents and Nani (mother of the informant) were not there. The informant took telephone number of Sona Bhowmick (another Bhagini of the informant), the eldest daughter of his sister, from the friend of Kalyan Sona Bhowmick had got married with a Muslim Umar Khan and was residing at Ranikudar with her husband. For the said reason, there was lukeworm relationship between the informant and Sona Bhowmick. The informant talked to Sona Bhowmick on telephone and informed to her about the absence of his mother, sister, brother-in-law and Bhagini. Sona, thereafter, reached Ghatshila on 21/05/1999 along with her husband and informed the informant that her brother Kalyan Bhowmick had attended a party in her house along with one of his friends and had returned after having meal in the end of January, 1999. She also informed the informant that she visited the Ghorabandha house in the first week of February, 1999 to meet her parents but she had only seen her sister Chaitali Bhowmick and sister's lover Rizwan, present in the house. When she enquired about her parents and brother from Chaitali, Chaitali (accused) informed her that the parents with Kalyan had gone to Village-Ranaghat in West Bengal, in order to see the grandmother (Dadi), who was stated to be ill. Sona further informed the informant that the room of her parents were locked and therefore, she enquired from Chaitali about locking of the rooms to which Chaitali replied that the rooms were locked by Mammi and she was looking after the house. Sona also informed the informant that she returned to her house immediately as she was not happy with the character of Chaitali and Saiyad Rizwan, who was seen there. Sona further informed the informant that after ten days Chaitali informed her on telephone that Mammi, Papa and Kalyan would not return as because of the death of the grandmother. Those facts Sona did not inform to the informant, as the informant was not happy with her (Sona) and as she (Sona) also believed the statement of Chaitali. Sona Bhowmick also informed the informant that she had gone to Ghorabandha House in the first week of March, 1999 when she found the house locked and Chaitali and Rizwan were not present there. When she (Sona) enquired from the people of the locality, she could gather that Chaitali and Rizwan had left the house in a Maruti Car along with some articles and 2 pets (dogs) in the last week of February. She met P.Pramanik, a friend of her father Subhendu Bhowmick to know whether her father was attending duty or not, when she was informed by P. Pramanik that her father was not attending duties. She (Sona) could also gather from P. Pramanik that he had visited the Ghorabandha house in order to enquire about Subhendu as he was abstaining from duties, without any leave and had met with Chaitali, who partially opened the door and informed him (P. Pramanik) that her Papa had gone to village. P. Pramanik further informed Sona that Chaitali was ready to write an application for leave on behalf of her father Subhendu Bhowmick. The informant was also informed by Sona that she, thereafter, whenever visited Ghorabandha house, always found the house locked. Sona also expressed her apprehension before the informant that Chaitali and her husband might have caused disappearance of her Mammi, Papa, brother and Nani.

(3.) Having received such informantion from Sona Bhowmick, the informant talked to his wife at Lucknow, who (wife of the informant) reached Ghatshila on 29/05/1999. The informant and his wife, thereafter, reached Ghorabandha house in the morning of 1/06/1999 and found the house locked. The informant had to scale over the boundary wall to enter in the compound of the house and when he went to the back of the house, near the septic tank, noticed that the cap of the septic tank was sealed by cement recently. The informant having become suspicious, removed the cap of the septic tank and found foul smell emanating from the septic tank, unbearable. He noticed 4 to 5 dead bodies inside the septic tank and suspected that Chaitali Bhowmick and her lover Saiyad Rizwan have committed the murder and concealed the dead bodies of Anita Roy, Subhendu Bhowmick, Lucky Bhowmick and Kalyan Bhowmick alias Bhuttan in the septic tank. The door of the house was broken opened and he went in the room of his brother-in-law and found dried bloodstains on the bed. The almirah kept in the room was found to be broken and valuables had been removed. The informant suspected that after committing murder, valuables were taken away by Chaitali and Saiyad Rizwan some time in the end of January or beginning of February, 1999. The Fard-beyan of the informant Dr.Anupan Roy was recorded on 1/08/1999 at 14.30 hours at Govindpur Police Station. Formal F.I.R. (Ext. 18) was drawn up and TELCO (Govindpur) P. S. Case No. 103 of 1999 was registered for the offences under Sections 302, 201, 380 read with Sec. 34, I.P.C. One Binod Kumar Singh took up the investigation of the case.