IMPORTANT POINT
Murder – Delay in lodging F.I.R in respect of commission of murder adversely affects case of prosecution.

JUDGMENT

Sunil Kumar Panwar, J.—Heard the parties.

2. The appellants in both the appeals have challenged the judgment of conviction dated 20th of May, 1995 and the order of sentence dated 23rd of May, 1995 passed by the learned 2nd Additional Sessions Judge, Bhagalpur in connection with Sessions Trial No. 331 of 1991, arising out of Sabour P.S. Case No. 222 of 1989.

3. By the aforesaid judgment dated 20th of May, 1995, the appellants have been convicted for the offences punishable under Sections 302, 201 and 153(B) read with Section 34 of the Indian Penal Code (for short I.P.C).

4. After hearing the convicts on the point of sentence, vide consequential order dated 23rd of May, 1993, the Trial Court sentenced the appellants to undergo imprisonment for life for the offences punishable under Section 302 of the Indian Penal Code read with Section 34 of the I.P.C. The appellants were further sentenced to undergo rigorous imprisonment for three years under Section 201 of the Indian Penal Code read with Section 34 of the I.P.C and rigorous imprisonment for two years under Section 153(B) of the Indian Penal Code. All the sentences were directed to run concurrently.

5. The Sessions Trial in which the impugned judgment and order was passed relates to the First Information Report (in short ‘F.I.R’) that had been registered on 13.12.1989 in Sabour P.S. Case No. 222 of 1989 under Sections 341, 342, 302, 201, 295(A), 34 of the Indian Penal Code.

6. The prosecution case as recapitulated hereunder is based on the written report of Md. Fida Hussain, resident of Village-Fatehpur who has stated that on 28.10.1989 at about 10:00 A.M, his sons namely Pir Mohammad (minor) and Rinku (minor) had gone out of their house along with Md. Maruf (P.W. 8). When they did not return home after some time, the informant started searching his children. At about 2:30 P.M, Md. Maruf (P.W.8) came running in scared condition. The blood was oozing out from his nose and ear and his eyes were radish and there was black sign around his neck. He started crying and became unconscious. He was thereafter taken to the village doctor for his treatment where some treatment was provided to him. After regaining his consciousness, he had stated that he along with Pir Mohammad (deceased) and Rinku (deceased) were going to see lion of the circus but as soon as they reached near Fatehpur Hat, they were surrounded by Ravin Mandal (appellant), Parma Mandal and one another person who enquired as to where they were going and when they came to know that we were going to see lion of the circus, all the accused persons offered to accompany them to see lion of the circus. The accused persons thereafter took all the three children in a house situated in a guava grove and locked them inside a room. After some time, they came along with one Chandma Dacoit and started making enquiry as to where the arms were kept concealed by muslim people and then the children showed their inability about the whereabouts of the arms, they were assaulted by the accused persons. It is further alleged that they were taken towards Bansbhitti where the accused persons killed Pir Mohammad (deceased) and Rinku (deceased) by chopping off their necks. They also put a rope around the neck of Md. Maruf (P.W. 8) and stretched. The accused persons presuming Md. Maruf (P.W.8) dead, left the place of occurrence. When Md. Maruf (P.W.8) regained consciousness, he returned to his house and narrated the entire incidence to the family members and other people of the locality. It is further submitted that roads were blocked due to communal riots, hence, the informant could not report to the police just after the incidence nor searched the bodies of his children. The informant claims that his children were killed due to communal riot.

7. On the basis of the written application of the informant on 13.12.1989, a formal F.IR was lodged and investigation was accordingly initiated.

8. After completing the investigation, charge- sheet h