KAPILDEO SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellants lave preferred this appeal against the judgment and order of conviction and sentence dated 24.6.1997, passed by Shri J. Tiru, earned Additional Sessions Judge, Simdega, in Sessions Trial No. 250 of 1993, convicting both the appellants under Sections 302/34 and 201 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for life for the offence under Section 302 I.P.C. and further to undergo rigorous imprisonment for seven years for the offence under Section 201 I.P.C., directing both the sentences in respect of both the appellants to run concurrently.

(2.) THE prosecution case is based on the first information, given by the informant Sudan Singh, son of deceased Ragho Singh of Village -Aling Garh (Pahartoli), alleging therein, that his father Ragho Singh on 27.4.1983 at 8.00 a.m. left home for fishing, taking fishing rod to Nakul Bandh, Behra Toli. His elder brother Madan Singh (PW 8) had gone towards Nakul Bandh to plough his field. He himself had gone to Bolwa Market and returned home at 5.00 p.m. When he did not find his father, he' enquired about him. His brother Madan Singh (PW 8) informed that their father was fishing at Nakul Bandh. He along with his brother left home at 9.00 p.m. in the night towards Nakul Bandh in search of his father. Flashing torch they went to the place where Ragho Singh was fishing. They saw the fishing rod in the water and the dead body of their father was also drown in the water. Both of them started weeping. They brought out the dead body of their father from the water and laid on the rock. They saw injuries on both sides of upper eyes and also on the cheek, cut with knife and abrasion on the right arm. The right arm pit was cut with bleeding injury. Both the brothers went to Behra Toli and informed the villagers. They asked the villagers to watch the dead body and both the informant and his brother went to Village and returned again back to Nakul Bandh at about 10.30 p.m. along with the villagers, namely, Lalan Singh (PW 2), Shiv Prasad Singh (PW 9) and others. None of the villagers of, Behra Toli informed as to who assaulted their father, resulting his death. In the morning at 4.30 a.m. on 28.4.1993 informant along with Lalan Singh went to the police station, Blowa, and lodged the First Information Report on which he and Lalan Singh signed (Exts. 1 and 1/1 respectively). On that basis, a formal First Information Report (Ext. 2) was registered and the I.O. (PW 15) took up investigation. In course of investigation he was informed about the complicity of both these appellants and one Mathura Singh. Mathura Singh absconded whereas both these appellants were apprehended. Charge sheet was submitted against these appellants, showing Mathura Singh absconder.

(3.) THE learned Additional Sessions Judge mainly relied on the evidence of the sole child eye witness Jyoti Lakra (PW 3) who was also fishing at Nakul Bandh where Ragho Singh was fishing with the fishing rod. The learned Additional Sessions Judge relied the evidence of the sole child eye witness finding that it gets corroborated by the evidence of PW 10 Dr. Sudhir Kumar Mahto, who found injuries as narrated by the child witness (PW 3) and also the extra -judicial confession made by these appellants before the villagers and Chowkidar, convicted the appellants and sentenced them thereunder for the charges levelled against them.