RAMESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the judgment and order of conviction and sentence dated 2-8- 1997 and 5-8-1997 respectively, passed by Sri R.N. Verma, learned 2nd Additional Judicial Commissioner, Khunti, in Sessions Trial No. 392 of 1997, arising out of G.R. No. 88 of 1995, whereby and whereunder, both the appellants have been convicted for the offence under Sections 302/34 and 201 of the Indian Penal Code and have been sentenced to undergo imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and to undergo imprisonment for seven years for the offence under Section 201 of the Indian Penal Code, directing both the sentences to run concurrently.

(2.) The informant Barte Pahan (PW 8), who is not the eye witness of the murder of his son Bargi Pahan, in his Fard-beyan (Ext. 2), recorded on 13-2-1995 at 14-45 hours at village Itre by S.I. Juel Minz (PW 11), has alleged that his son Bargi Pahan had recently returned from Bombay where he had gone for work. On Sunday i.e. 12-2-1995 at about 5.00 p.m. he went for a walk wearing pant and shirt. He did not return home till 9.00 pm. The informant believed that his son might have gone to somewhere else in the village either to his friends or guests. Next day, when he did not return till 6.00 a.m., all the members of his family went in search of Bargi Pahan. They went towards north of the village and found some blood stains and Hawai Chappal towards east of Ranchi Chaibasa Road on its western side. They reached near about the bush but could not trace out Bargi Pahan. There was a well 15 yards away towards east from that bush. In that well they searched the dead body with Jhaggar. The dead body of Bargi Pahan came out of the deep water. He alleged that some unknown persons had murdered his son and to screen from legal punishment, had thrown the dead body into the well. On that basis formal F.I.R. (Ext. 3) was registered on the same day at 18.00 hours and on the following day i.e. on 14-2-1995, it was received in the Court of learned Additional Chief Judicial Magistrate, Khunti.

(3.) The prosecution, in support of its case, examined altogether 12 witnesses whereas none has been examined on behalf of the defence. PW 1 Bodhan Purti does not know Bargi Pahan or Mery Mudi and has become hostile. PW 2 Dr. Sudhir Kumar Sondalya has conducted autopsy on the dead body of Bargi Pahan and the Post Mortem Report is Ext. 1. PW 3 Lachhu Purti, who does not known about the alleged occurrence, is also hostile witness. PW 4 Ladu alias Ludri Purti is the sister of Meri Mundi. She does not know about the alleged occurrence and is also a hostile witness. PW 5 Sunder Pahan claims himself to be the eye witness of the alleged occurrence. PW 6 Longo Pahan is a tendered witness. PW 7 Dugan Pahan (Munda) is uncle of the deceased and the eye witness. PW 8 Barte Munda is the informant himself and father of the deceased. PW 9 Marry Purti is the mother of the deceased. PW 10 Marcus Purti is also a hostile witness. PW 11 Juel Minz and PW 12 Rajiv Rant an Kumar are the Investigating Officers of this case. The learned 2nd Additional Judicial Commissioner, Khuntl, having relied the evidence of PW 5 Sunder Pahan, PW 7 Dugan Munda, PWs 11 and 12, both Investigating Officers, and the medical evidence of PW 2 Dr. Sudhir Kumar Sondalya, convicted both the appellants and sentenced them thereunder.