BAIJU KUMAR SONI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) The appellants are aggrieved by the Judgment of conviction dated 17.4.2009 and Order of sentence dated 20.4.2009, passed by the learned 2nd Additional Sessions Judge, Hazaribagh, in S.T. No.238 of 2006, whereby both these appellants have been found guilty and convicted for the offences under Sections 364-A, 302, 201/34 of the Indian Penal Code, and upon hearing on the point of sentence, the appellants were sentenced to undergo R.I. for 10 years each for the offence under Sec. 364-A of the Indian Penal Code and R.I. for life each for the offence under Sections 302/34 of the Indian Penal Code. No separate sentence, however, was passed for the offence under Sections 201 / 34 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(3.) According to the prosecution story, the case relates to kidnapping and murder of a girl child aged about 3 years, who went missing on 8.1.2006 while she was playing in front of her house. The written information about the missing of the child was given by her father, namely, Anil Prasad Soni, on 13.1.2006, before the Officer-in-charge of Bhurkunda Police Station, in which, it was stated that his daughter Muskan, aged about 3 years, was playing outside her house on 8.1.2006, when she became traceless. On 9.1.2006, the missing report about the girl was given in the Police Station, on the basis of which sanha entry No.142 of 2006 was made. On 8th and 9th Jan. 2006, the informant had searched his daughter and had also announced about her getting traceless on loudspeaker, but his daughter could not be traced. On 11.1.2006, at about 12:36 hours, a call was received on his mobile phone from Ramgarh STD booth, from which, one unknown person threatened him that his brother was getting smart for which the informant has to pay the price. The caller stated that his daughter would reach him by the evening, but asked him not to inform the administration. On 12.1.2006, at about 13:35 hours, again a call was made from the STD booth, but it was the missed call. Thereafter, another call was received on the mobile phone of Uday Soni, who is the brother of the informant, and the caller threatened his brother and stated that he had kidnapped his niece. When they were asked about the proof of the fact that the child was in their captivity, the caller informed that they would get the proof on the roof of the Temple nearby their house. Thereupon, the informant and his brother went to the Temple and found a polybag, in which a torn cloth and slippers of the girl were found. A threatening letter was also found in the bag. The informant and his brother kept waiting for the caller, but neither the caller came nor the daughter of the informant was returned. The informant gave the written information stating the aforesaid facts and suspected that his neighbour Ashok might have committed the offence due to some enmity. On the basis of the written report, Patratu (Bhurkunda) P.S. Case No.11 of 2006, corresponding to G.R. No.138 of 2006 was instituted for the offence under Sections 364 and 365 of the Indian Penal Code against the said Ashok and his family members. Subsequently, the dead body of the deceased child was found in a dam and accordingly, Sections 302 and 201 of the Indian Penal Code were also added.