SHIBU BHUMIJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Shibu Bhumij was put on trial for the charges under sections 302, 201 and 75 of the Indian Penal Code on the allegation that the appellant did commit murder of Most. Pyari Hansda and got the evidence of murder disappeared in order to screen himself from legal punishment. The trial court having found the appellant guilty for the charges sentenced him to undergo rigorous imprisonment for life under section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for five years for the offence under section 201 of the Indian Penal Code.

(2.) THE prosecution case is that the informant Gopi Nath Sah (P.W.4) had allowed one widow, namely, Most. Pyari Hansda (deceased) to live in his small house situated at village Gerua for taking care of the house whereas appellant who was looking after the farming of the informant was living in the back portion of that house. On 18.12.1989 Harbans Sah (P.W.5) informed him that Most. Pyari Hansda on being burnt has been lying dead in the room. Upon it, he came over there and found upper portion of the body burnt. He also found rice and meat kept over there in a vessel and tiffin box. Under this circumstance, he suspected somebodys hand in the murder of the deceased and, therefore, he asked this appellant, who was living in the back portion of that house about the occurrence. Thereupon, it was informed by him that it was he, who had given rice and meat to the deceased to eat but subsequently when he smelt something burning, he came and saw through a window that the deceased was lying burnt over the hearth. Thereupon, he entered into the room through window and found her dead and then he informed about it to Harbans Sah (P.W.5), who informed him and then he came to the place of occurrence. Meanwhile, Jagta Nand Tiwary (P.W.7), the then Officer In -charge of Patamda police station on getting the information of the aforesaid occurrence came to the place of occurrence and recorded the fardbeyan (Ext.3) of the P.W.4. Upon it, first information report (Ext.6) was drawn. Investigation on being taken by him, he made inquest on the dead body and prepared an inquest report (Ext.4) . He also seized wooden roller (Belna) meant for rolling bread from the place of occurrence under a seizure list (Ext.5). Thereupon, dead body was sent for post mortem examination. On receiving dead body, Dr. Tulsi Mahto (P.W.3) held autopsy on the dead body and found the following injuries:

(3.) AFTER completion of investigation, police submitted charge sheet against the appellant whereupon cognizance of the offence was taken and in due course, when the case was committed to the course of sessions, charges were framed to which the appellant pleaded not guilty and claimed to be tried.